I fully agree with the previous members who had informed that two people with same goturam should not marry according to the Hindu form of marriage. Let me bring to your notice legally how it can be prohibited. The two people having same goturam will be in either the degree of prohibition relationship or Sapindas to each other. The marriage between people within both these situations is prohibited, invalid according to the Hindu Marriage Act, 1955. Section 5 of the said Act provides Condition for a Hindu Marriage Section5 (iv) provides the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two & section5 (v) provides the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two. Section3(f) defines(i)"Sapinda relationship" with reference to any person extends as far as the third generation(inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;
(ii) two persons are said to be "sapinda" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;
Section3(g) defines"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 or 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.
According to Hindu laws the division of the family is based on the caste,subcaste & goturam . The Goturam are based on the blood relationship between the parties & all closely blood related people are kept under one goturam . This blood relationship is usually because of the two relationships which I have mentioned above i.e. "Sapinda Relationship" & "degrees of prohibited relationship ". For the purposes of both these clauses (f) and (g) relationship (of section 3) 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.
Keeping in mind the basic principle of old Hindu laws the two relationships have been introduced in the said Hindu Marriage Act,1955 to avoid such prohibited marriage between two such persons. This the legal view for such marriage.
2007-08-15 17:10:54
·
answer #1
·
answered by vijay m Indian Lawyer 7
·
4⤊
0⤋
What sort of Gothram it is? Please spell the right way. Boy and girl belonging to the same caste can get married. Caste and gothram are different nomenclature. If you mean Gothram then according to Apasthamba, Asvalayayana, Gauthama, Yangyavalkya, being the ancient Rishis who framed rules and regulations, classfied the gothras, marriage between boy and girl belonging to same gothra is prohibited. According to them, it establishes a brother and sister relationship between them. Even if it hapens unknowingly and becomes known later severe pariharas and prayaschithas like "Athikrisram" "santhirayanam" are prescribed. Moreover, once the so called husband comes to know this fact, he has to treat his wife as mother thereafter. Even now all over India, among Hindus marriage between persons belonging to same gothram or Sa Gothram is prohibited.
2007-08-15 16:47:24
·
answer #2
·
answered by Dhendan 3
·
0⤊
0⤋
Normally it is avoided:
There are few cases I have seen that happened , they are living happily:
but there is a prediction , the same kuttam means brother and sisters:
There is a book "Kongu gounder varalaru": you get it and go through it.
You can get this from Erode, Kongu kalai arangam, In this you will find the details how the "kongu' formed, "kuttam" formed etc
2007-08-15 15:13:36
·
answer #3
·
answered by ar.samy 6
·
0⤊
0⤋
I am from India and that too from Tamil Nadu and that too from Coimbatore . As you mentioned in your letter Gounder is a name of a caste in Coimbatore(Many Gounders are there in Coimbatore)and there is connection between Gothram and Gounder Caste. Please clarify and write another letter so that I shall get you the correct information from Coimbatore Gounders. Yours VRVRAO
2007-08-15 16:03:07
·
answer #4
·
answered by Raghavendra R 5
·
0⤊
0⤋
legally yes, but as per old indian traditions no. the only hitch if the boy and the girl are blood relative, if so then the answer again is no. if the boy and girl are not blood relatives there is no legal bar
2007-08-16 00:28:19
·
answer #5
·
answered by delta 7
·
0⤊
0⤋