sanjaymalik
New member
It would be better to use the current version of HMA. Point (iii) is 21 years for boys and 18 years for girls in the current version. And there is no point (vi). The current version is here:
http://www.netlawman.co.in/acts/hindu-marriage-act-1955.php
The language "same gotras or either of self gotra or either's mother gotra" should be precise as same gotra and self gotra are same things. Use of both is confusing. Might make more sense to use a single word "sagotri" (Or whatever the right word is) to capture mother/father gotras the way Sapinda captures a lot of relationships. May be better to split the gotra and village in 2 different sub points.
In either case, Section 3 of the Act, "Definitions" would also have to be amended to precisely define "gotra" or "sagotri" (whatever is used) and "village". Definition of "village" should be there in any other act. Definition of gotra, as per wiki, is a lineage or clan assigned to a Hindu at birth. Not sure if that is appropriate or it needs to be more precise.
PS: This is a specific opinion on the draft and not on the need or efficacy of the proposed amendment.
PS2: For all those who want the amendment, the key issue should be the political strategy and arguments. Once you get the political will to an amendment in principle, the drafting, etc. are minor issues and there are lots of babus in secretriats who specialise in it.
Yes, after posting it i was also of the view that one word may be use either self gotra or same gotra or sagotra.
Definition of all these worlds " same gotra" "sagotra" "self gotra"whatever want to use or "village" ,"mother's gotra" also need to be clarify and insert in section 3 of Definitions part.
The other way is also thereby inserting sagotra, same gotra, self gotra whatever relation within the definition of Section 3(g) Degree of Prohibited Relationship a clause (v) may be inserted and for village clause( vi). What is village and same gotra/sagotra/selfgotra can be explained in Explanation appended to this definition.
(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;
(v) if the two are descendant form same gotra lineage as per gotra system where there is prevelant within the comunity.
(vi) if two are resident or residing within the boundry of same village where there is prevalant within the village.
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
(iv) can insert explanation of Village
(v) can insert explanation of gotra and sagotra.
and all terms of relationship in those clauses shall be construed accordingly.
Yes as far as mother's gotra it can be inserted and covered by spinda relationship under 3(f) and a clause may be added with in the definition of Spinda Relationship.
But i think amendment in section 5 of the Act which talk about condition of marraige would be better by defining Same gotra/sagotra/village etc terms.
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