The nature of Viruddha Sambandha was explained by sage Aswalayana in his Crihya Praisishta. It is a relation which is improper on account of the fact that between the bride and bridegroom the relationship was similar to that of a parent and child.
The examples given by Aswalayana of ineligibility for marriage under this head are: (1) wife’s sister’s daughter. The bridegroom’s position would be similar in such a case to that of father. (2) Paternal uncle’s wife’s sister. Here the bride’s position would be similar to that of a mother.
Suppose a marriage takes place in violation of this rule of Aswalayana. Is the marriage a nullity? This question arose in Ragavendra Rau v. Jayaram Rau, AIR 1920 Mad. 283. A marriage took place between a Brahmin and his wife’s sister’s daughter. Subramania Ayyar, J., points out that Aswalayana’s prohibition of Viruddha Sambandha is not mandatory but only recommendatory.
ADVERTISEMENTS:
Further, in South India custom has recognised such marriages. So the validity of the marriage was upheld. This decision was followed in Ramakrishna v. Subbamma, 1920 (43) Mad. 830, where the parties were Velamas.
These decisions continue to be good law for there is nothing in the Act of 1955 which would be inconsistent with those decisions.
Tri-Gotra Rule:
The Tri-gotra rule may be illustrated by the following diagram:
D4 and S4are sapindas within the prohibited degrees and so under the general rule cannot inter-marry. But D4 is separated by three gotras from S4 because there are three intervening female links. Each time the female would have gone out of the gotra of A at the time of her marriage. In this way three times (D1 D2 and D3) have gone to a different gotra. D4 is regarded as eligible to marry S4 under the Tri-gotra rule.
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Under s. 4 of the 1955 Act, this rule must be deemed to have been superseded if it comes into conflict with the provisions of s. 5. Thus S4 cannot marry D4 because S4 is not beyond 5 degrees on the father’s side from the common ancestor and so is hit by s. 3 Cl. (v). The Tri-gotra rule cannot come to the rescue of such a marriage and the marriage would be void under s.ll.