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The Delhi High Court on Friday dismissed a petition seeking amendment to the Hindu Marriage Act (HMA) so as to legally prohibit marriages in the same gotra.
The petition was dismissed as withdrawn after a vacation Bench of Justices S N Dhingra and A K Pathak warned that a heavy cost would be imposed on the petitioner,Naresh Kadyan,for wasting the time of the court.
You dont know what is a gotra? Which Hindu text prescribes banning of sagotra (same clan) marriage? Why are you wasting the time of the court? If you are not able to substantiate your words,then you should not have come before the court, the Bench said after Kadyan failed to substantiate how marriages in the same gotra were prohibited under the Hindu texts.
Arguing on behalf of Kadyan,his counsel Rajendra Yadav,besides an amendment in the law,had also sought the direction of the court to the government for appointment of a commission to bring about the necessary amendments in the HMA to ban the same gotra marriage.
The counsel submitted that same gotra marriage is violative of the fundamental rights and against the Hindu traditions. He further said that Khap panchayats have decided to go on a strike from June 21 to protest marriages in the same gotra.
Strike is your fundamental right. Who is stopping you to go on strike? the court observed,saying that the petition was without any merit.
Kadyan had earlier approached the Supreme Court with the same petition. The apex court had,however,declined to entertain the petition and had asked Kadyan to approach the High Court.
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