Further, female would have gone out of
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.
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.
Under s. 4 of the 1955 Act, this rule must be deemed to have been superseded if it comes into conflict with the provisions of s. 5.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.