Arup (UNEMPLOYED) 20 April 2010

Where lies the demad of khap mahapanchyat.

The Hindu Marriage Act has the following provisions :-

Sec.3 of HMA

(g) "degrees of prohibited relationship"-two persons are said to be within the "degrees of prohibited relationship"

(i) If one is a lineal ascendant of the other; or

(ii) If one was the wife or husband of a lineal ascendant or descendant of the other ; or

(iii) If one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or

(iv) If the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters ;

Explanation.-For the purposes of clauses (f) and (g),relationship includes- (i) relationship by half or uterine blood as well as by full blood; (ii) illegitimate blood relationship as well as legitimate; (iii) relationship by adoption as well as by blood ; and all terms of relationship in those clauses shall be construed accordingly.

Sec 5 (v) of HMA - The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

Sec 11 of HMA. NULLITY OF MARRIAGE Void marriages. Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (v) of section 5.

Sec 18 of HMA. Punishment for contravention of certain other conditions for a Hindu marriage. Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (v) of section 5 shall be punishable - (b) In the case of a contravention of the condition specified in clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

The Special Marriage Act has also the same legal provisions.

Under the above provisions, where lies the demand for amendment of The Hindu Marriage Act by KHAP MAHA PANCHYAT.

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8 Replies

Dalip Kumar Chhabra (Advocate) 16 May 2010

In present scanario -it is not correct. Supreme court in its important judgment - had suggested the people- that we should change ourselves and our old customs according to the need of the day. Even in the light of an important judgment of Bombay High court in a reported judgment delivered in case _Madhavrao Vs.Raghvender Rao" hold the SAGOTRIYA MARRIAGE - A VALID Marriage.
We should respect each and every member of the society and the law of the land so that harmonious relationship of the society is kept in tect

Arup (UNEMPLOYED) 23 May 2010

actually i did a mistake. i thought that sa-pinda & sa gotra are same. therefore it is already banned . but ld. member adv. r k makkad rectified me.i am against the demand of khap.

(Guest)

Originally posted by :Dalip Kumar Chhabra
"	In present scanario -it is not correct. Supreme court in its important judgment - had suggested the people- that we should change ourselves and our old customs according to the need of the day. Even in the light of an important judgment of Bombay High court in a reported judgment delivered in case _Madhavrao Vs.Raghvender Rao" hold the SAGOTRIYA MARRIAGE - A VALID Marriage. We should respect each and every member of the society and the law of the land so that harmonious relationship of the society is kept in tect	"

Do you mean to say that Supreme court can amend/make laws?

(Guest)

I think, all bhagoda/runway couples can not be said to have married as per s.7 and s.29(1) of The Hindu Marriage Act,1955

Bhartiya No. 1 (Nationalist) 12 July 2010

Sir,

As I have heard/know that customary/established law prevails over the written/legislative law/provision. Is it correct?

Dalip Kumar Chhabra (Advocate) 22 July 2010

respected Jogeshwar Ji;

yes, As per the Apex Court, the law is not only formulated by legislation but also by courts and those are followed. Like judgment Satyadevi Vs. Union of India . . through runs against the settled statute .. is bound to be followed by the courts. These days judiciary is interpretting the law /statute as per the new phenomina and we all are following the same.

Dalip Chhabra