Mine reply -if court is not recognizing the customs,how it can be enforce or protected.How u will protect such custom?An authority which is supposed to be gaurdian of law and fairness if allow same gotra marriage instead of long standing restriction by almost all comunities. is it not illegal?
if it is the same provisions of all comunities than why their is saving clause in HMA and pharse like "where there is custom allow". as per your interpratation what about that custom does not allow.
I have repeated several times the purpose of the clause as per my understanding. You being a lawyer (I think), I'd expect better phrases from you than "saving clause". What do you mean by that? If the clause is not there, then it means that the custom is illegal de-facto. So an existing custom becomes illegal. It doesn't convert the custom into a law. It merely ensures that law doesn't disallow the custom. What you are demanding is to convert a custom into a law. Being a lawyer, you should understand the difference.
You have also again and again misrepresented the law by saying that there are provisions for South Indians in the law. Fyi- there is no community called South Indian. They are as diverse group of people, if not more, as North Indians. And the law doesn't name any community for any clause. It would be equally valid for any North/North-easterm, Western, Eastern community as for any community in South India. Do you know all communities across length and breadth of India to make sweeping generalisations like "saving clause" put for sake of "South Indians"?
Do you know how many customs are there in India? Should the state step in and enforce all of them through law? Let me think of a few- touching in laws' feet, doing maan-taan on special occasions, ghoonghat, etc etc? Do you want India to be like a Middle Eastern state where religion/custom becomes the law?