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Kiruthiga Rani D

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Abstract:

This paper is a study in reference to certain relations which are prohibited for the parties, performing marriage, in both Hindu and Muslim law. Marriage is the social institution that binds a family together in India. Marriages in India were normally regulated by social rituals, and practices that had existed in that particular group or tribe since time immemorial before any act or code was enacted. In the 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. Even the Muslim law also prohibits some kinds of relations in case of marriage. 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.

Keywords

Sapinda

Shia Law

Endogamy

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