AI Overview...
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Krewa Marriage Custom - Krewa is a form of widow remarriage practiced by certain communities, notably the Bhats in Himachal Pradesh. These communities, though claiming Brahmanical origins, have abandoned some traditional religious rites, including Krewa, which affects their social status and religious practices. The practice involves specific customs such as remarriage of widows, often with certain ritualistic elements like the nath chaddar (nose ring and veil). The performance of Krewa marriage was historically necessary for legitimization, but its validity can be challenged if not performed properly or if circumstances challenge its presumption Mt. Basanti VS Pholo - Himachal Pradesh, BHAT BRAHMAN KALYAN SAMITI VS STATE OF H. P. - Himachal Pradesh.
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Legal Presumption and Evidence - The law presumes marriage validity based on circumstances like mutation entries or birth during marriage, which serve as evidence of legitimacy unless rebutted. Customary marriage does not automatically transfer estate rights unless specific customs are followed, and the age and relationship restrictions (such as prohibited degrees or sapinda relationships) are crucial for validity Ram Pyari vs Amar Singh - Himachal Pradesh, - Punjab and Haryana.
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Main Points and Insights:
- Krewa is a recognized form of widow remarriage with specific customary rituals.
- Communities practicing Krewa, such as the Bhats, have historically modified religious rites, impacting their social and religious status.
- The validity of Krewa marriages can be legally presumed but may require proof of proper performance.
- Marriage laws emphasize age, relationship restrictions, and customary practices for legitimacy.
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Evidence like mutation entries and birth during marriage can support or rebut presumption of marriage validity.
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Analysis and Conclusion: The custom of Krewa as a form of marriage holds cultural significance, especially among communities like the Bhats. Legally, Krewa marriages are recognized if performed according to customary rites, but their validity can be contested based on evidence and circumstances. The law balances respect for customary practices with the need for formal validation through evidence and adherence to legal requirements such as age and relationship restrictions Mt. Basanti VS Pholo - Himachal Pradesh, BHAT BRAHMAN KALYAN SAMITI VS STATE OF H. P. - Himachal Pradesh, Ram Pyari vs Amar Singh - Himachal Pradesh, - Punjab and Haryana.
Search Results for "Custom of Krewa Form of Marriage"
1954 0 Supreme(HP) 38 • India - Himachal Pradesh
RAMABHADRAN
Ratio Decidendi: The High Court held that the presumption of marriage in favor of Mt. ... Finding of the Court: The High Court held that the presumption of marriage in favor of Mt. ... EVIDENCE ACT - SECTION 114 - PRESUMPTION OF MARRIAGE - REBUTTAL - CIRCUMSTANCES STRENGTHENING PRESUMPTION - MUTATION ENTRY - BIRTH ... in the Jhanjharara form was not in fact performed with Z, but also that performance of marriage in that form was necessary." ... Where the alleged insurmountable obsta....
2001 0 Supreme(HP) 123 • India - Himachal Pradesh
LOKESHWAR SINGH PANTA, KAMLESH SHARMA
The petitioner has placed on record Gazetteer of Sirmaur State, 1934 (Annexure P-9/1) which contained that the caste Bhats are by origin Brahmans and they were by occupation genealogists, and adopted Krewa (widow re-marriage) whereby they had lost their status. ... Similarly, in Himachal Pradesh Gazetteers, Sirmour, 1969 (Annexure P-9/ 2), it has been stated that though the Bhats call themselves Brahmans yet they have abandoned the essential religious rites of Brahmans and also due to their following the Krewa (widow re-marriage....
2024 Supreme(Online)(HP) 208 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh
Court emphasized that birth during marriage is conclusive proof of legitimacy unless proven otherwise. ... (Paras 41, 42) ... ... (C) Limited and Absolute Estate - Customary marriage does not divest a ... Bishani, when contracted customary marriage with Sh. Daya Ram, by way of nath chaddar, the forfeiture of her estate followed automatically, unless a custom, according to which, there is no forfeiture, is pleaded. 7.1. ... It is the further case of the plaintiffs that Kanait Rajputs of Bilaspur District are governed by....
• India - Punjab and Haryana
marriage, neither party- (iii) the bridegroom has completed the age of 21 [twenty-one years] and the bride, the age of 18 [eighteen years] at the time of the marriage; (iv) the parties are not within the degrees of prohibited relationship unless the custom ... or usage governing each of them permits of a marriage between the two; (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two; XXX XXX XXX XXX p cla....
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