Hindu woman’s gotra changes after marriage, says Supreme Court in inheritance case
Justice Nagarathna emphasized the concept of Kanyadaan, explaining that when a woman enters marriage, her gotra also shifts
New-Delhi: The Supreme Court during hearing a petition challenging the provision under the Hindu Succession Act (HSA) states that property of a Hindu woman dying without a will and leaving behind no husband and children goes to her husband’s heirs and not to her family as her “gotra” changes when she marries under the Hindu law.
Justice BV Nagarathna, the only woman on the bench, noted that under Hindu law, a woman’s gotra changes when she marries.
Justice Nagarathna emphasized the concept of Kanyadaan explaining that when a woman enters marriage, her clan affiliation, or “gotra,” also shifts.
Justice Nagarathna also highlighted ritual practices in southern India, stating, “In southern marriages, there is even a ritualistic announcement that she is moving from one gotra to another. You cannot wish away all of this.”
The bench said that once a woman is married, her responsibility under the law rests with her husband and his family.
“She will not seek maintenance from her parents or siblings. If a woman is married, who is responsible under the act? Husband, in-laws, children, husband’s family. She will not file a maintenance petition against her brother! It’s against husband, his estate. If a woman does not have children, she can always make a will,” Justice Nagarathna added.
The Supreme Court has referred one of the inheritance disputes to mediation and scheduled the broader hearing on the legality of Section 15(1)(b) of the Hindu Succession Act for November.
