Niti Pandey, NMIMS Indore
ABSTRACT
This paper is a comparative study in reference with certain relations which are prohibited for the parties, performing marriage, in both Hindu and Muslim law. Marriage is one of the most significant social institutions that binds a family together in India. Marriages in India were normally regulated by social rituals, practices that had existed in that particular group or tribe since time immemorial before any act or code was enacted. In case of Hindus, the marriage is governed by the Hindu Marriage Act of 1955, in which the essential conditions for a valid Hindu marriage are given. Based on the principle of Exogamy and endogamy, certain relations have been prohibited based on the same gotras, caste, or blood relations in both Hindu and Muslim marriages. Sapinda relationships and degrees of prohibited relations are the two important conditions included under Section 5 of the Hindu Marriage Act, 1955 which mandates the parties must not Sapindas to each other and must not come under the garb of prohibited relationships unless the custom or usage governing the parties permits to do such marriage. In terms of marriage, the Muslim Law imposes certain limitations and prohibitions. On the prohibited relationships, in the Muslims as per the Koranic verses, it is concluded “Marry not women whom your fathers have had as wife (except that is already past) for this is an uncleanliness, an abomination, and an evil way”. A comparative study with the help of provisions will be done on the relations prohibited for the performance of marriage in both Hindu and Muslim Laws. Along with the paper with help of case laws will try to illustrate the background of these prohibited relationships into Hindu and, Muslim laws.
Keywords: Prohibited relations, Hindu, Marriages, gotras, blood relationships, Muslim
