Can two people having same surname marry according to Hindu Law?

473 votes

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:
 

1. 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.

2. 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.

LawRato LawRato

915 votes

Hi
If both of you are not related with in the prohibited degree's' of relationship, there is no legal issue in you both getting married.
However if you are a believer in horoscope, then probably the same gothram will come as a stumbling block in your marriage.

Advocate Rajagopalan LawRato

799 votes

It is called Sapinda relationship. For the last 3 generations, please check any of both of your ancestors are one and the same. if so, the marriage may not be a good idea. It is better if you consult a practicing advocate to resolve your problem.

Advocate N Venkateswara Rao LawRato

187 votes

In Hindu law, two people having the same surname can marry each other without any legal hindrance. There is no specific prohibition in Hindu law against individuals with the same surname getting married. Hindu marriages are primarily governed by the Hindu Marriage Act, 1955, and it does not place any restrictions based on surnames.
However, it's essential to note that while having the same surname is not a legal impediment to marriage, there are other factors to consider. In some cases, communities or families may have their customs and traditions that could affect the acceptability of such marriages. Additionally, it's crucial to ensure that the individuals are not closely related within prohibited degrees of relationships, as this can be a legal impediment to marriage.
As long as the marriage complies with the requirements and conditions under the Hindu Marriage Act or any other applicable law, it can be legally recognized.
In summary, from a legal perspective, two individuals with the same surname can marry in Hindu law. However, it's essential to consider customs, traditions, and any other legal requirements to ensure a smooth and legally recognized marriage.

Advocate Chikirsha Mohanty LawRato