
Kareva Marriages and Children’s Inheritance Rights: Constitutional Protections and Challenges Under India’s Legal Framework
Introductory remarks
Certain agricultural groups in North India, particularly those belonging to the Yadav caste in the states of Haryana and Punjab, have a long-standing custom of engaging in this kind of marriage.
In accordance with this tradition, a widow will marry a close relative of her late husband, who is often his brother or cousin, in order to get social and economic stability, as well as to keep property within the family.
The tradition, despite its historical and cultural value, raises a number of difficult legal concerns, particularly with regard to the inheritance rights of children who are born from such unions.
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Marriages between Karevas are recognized by the law.
There are a number of personal laws that regulate weddings in Indian law, and these laws vary based on the religion of the individual. It is not specifically recognized by the Hindu Marriage Act of 1955 that Kareva weddings are lawful.
Courts, on the other hand, have recognized such unions where they are carried out in accordance with the practices that are widespread among certain groups. The Punjab and Haryana High Court, for example, recognized the customary practice that is prevalent among the Yadav community and confirmed the legitimacy of a Kareva marriage that was between a widow and the brother of her late husband in a case that was heard in 2022.
It was because of this acknowledgment that the widow and her kid from the Kareva marriage were able to determine their inheritance rights.
Within the framework of Hindu law, inheritance rights
Inheritance rights of Hindus, including Buddhists, Jains, and Sikhs, are governed by the Hindu Succession Act, which was published in 1956. According to the Act, heirs are divided into two categories: Class I and Class II. Class I includes sons, daughters, widows, and mothers as members of the heirs category.
The property of their parents is legally inherited by children who are born from marriages that are recognized by the law. On the other hand, the legal standing of children born off such Kareva marriages may be a problematic issue, particularly in situations where such marriages are not legally registered or recognized by statute law.([Wikipedia][First])
The legal status of children born to traditionally married couples
When it comes to evaluating the inheritance rights of children, credibility is of the utmost importance. When it comes to the legality of children born from invalid and voidable marriages, Section 16 of the Hindu Marriage Act addresses the issue.
With the condition that the marriage was carried out in conformity with the terms of the Act, it is stated that children born from such marriages are considered to be genuine. The Act, on the other hand, does not include any direct reference to traditional weddings such as Kareva.
The validity of children born from such unions has been granted by the courts on occasion, particularly in situations when the marriage is acknowledged by the conventions and practices of the community.According to [Drishti Judiciary][2] and [The Hindu][7],
The implications of judicial precedents are discussed.
In the case of Bhola Ram and Others v. Mukesh Devi and Others, the Punjab and Haryana High Court acknowledged the Kareva marriage that existed between the dead and the defendant. As a result, the court rejected the claims that the deceased’s brothers had about his property.
It was determined by the court that the widow and her kid from the Kareva marriage were eligible to inherit the dead person’s property. The court accepted the customary practice that was prevalent among the Yadav community.
Due to the fact that this ruling highlights the judiciary’s readiness to consider customary practices in the process of assessing inheritance rights, it is important to note that there must be adequate proof of the custom’s prevalence and acceptability throughout the community.Four)
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Legal Recognition: Obstacles to Overcome
In spite of the fact that some court recognitions have been granted, Kareva weddings often experience difficulties in obtaining legal recognition owing to the absence of official registration and paperwork.
It is possible for disagreements to arise over the validity of the marriage and, as a result, the inheritance rights of children who are born from such unions if the marriage is not formalized. Not only that, but the fact that various jurisdictions do not recognize customary marriages in the same way adds another layer of intricacy to the situation.
The right to equality and the constitutional protections that are in place
According to Article 14 of the Indian Constitution, the right to equality is guaranteed, and Article 15 of the Constitution bans discrimination. In order to prevent persons from being treated differently on the basis of their birth status, certain regulations have been put in place.
One may argue that it is unfair to restrict inheritance rights to children who are the result of Kareva weddings, particularly in situations where such marriages are acknowledged within the communities in which they are performed.
There have been several occasions in which the judicial system has underlined the importance of safeguarding the rights of children, regardless of the circumstances surrounding their birth. This is in accordance with the constitutional requirement of equality and non-discrimination.
Need for Reforms in the Legal System
There is an urgent need for legislative changes in order to resolve the uncertainties that surround Kareva marriages and the inheritance rights of children who are the end result of such partnerships. One possible list of these reforms is:
- The formal recognition of customary weddings under statutory law, which would ensure that these marriages are subject to the same rights and duties as any marriage that is registered.
It is proposed that the procedure of registering marriages be simplified in order to meet customary practices. This would result in the provision of legal paperwork and a reduction in conflicts.
In order to educate communities about the significance of formalizing marriages and the legal ramifications of inheritance rights, public awareness initiatives are being conducted.
Last but not least
Within some Indian groups, the tradition of Kareva weddings, which has its origins in cultural norms, plays a crucial role in providing widows with social and economic stability. There are issues that arise because to the absence of official legal recognition, despite the fact that the court has on occasion acknowledged these unions and the inheritance rights of children born from them.
Therefore, it is vital to align customary practices with statutory laws and constitutional guarantees in order to guarantee that people will not be denied their rights as a result of the circumstances surrounding their birth or the type of the marriage between their parents. By bridging the gap between traditional legal frameworks and contemporary legal frameworks, legal changes and improved knowledge may ensure that justice and equality are granted to all individuals.