According to Hindu Law, can two individuals with the same surname marry each other?
08-Jul-2024 (In Family Law)
Yes, two people having the same surname can marry according to Hindu law. In Hinduism, marriages are not restricted based on surnames, and there is no prohibition against marrying someone who has the same surname as you.
However, it is important to note that under Hindu law, there are certain prohibited relationships within the same gotra (lineage) and pravara (ancestral lineage). These restrictions are based on the belief that people who belong to the same gotra or pravara are descended from the same ancestor, and therefore, marrying within the same gotra or pravara is considered incestuous.
Therefore, while two people with the same surname can marry under Hindu law, they must ensure that they do not belong to the same gotra or pravara. It is advisable to consult with a family priest.
Additionally, marriage between two people who are sapindas of each other is considered void in the eyes of law. According to the Hindu Marriage Act, the term "sapinda relationship" refers to a blood relationship between two individuals, which is defined as follows:
-
The relationship extends up to the third generation (inclusive) in the line of ascent through the mother and the fifth generation (inclusive) in the line of ascent through the father. The line is traced upwards in each case from the person concerned, who is counted as the first generation.
-
Two persons are considered "sapindas" of each other if one is a lineal ascendant of the other within the limits of the sapinda relationship, or if they have a common lineal ascendant who is within the limits of the sapinda relationship with reference to each of them.
This means that a person is considered to be in a sapinda relationship with their ancestors, descendants, and blood relatives up to a certain degree of kinship. The prohibited degrees of kinship are determined based on the belief that marriages within the sapinda relationship can lead to genetic abnormalities in their offspring.
Disclaimer: The above query and its response is NOT a legal opinion in any way
whatsoever as this is based on the information shared by the person posting the
query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to
address the specific facts and details.
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
2+ Lawyers are online
