History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c26.152

v2.c26.152

will not be valid according to the 2nd proviso to sec. 2. The Nirṇayasindhu [^1093 e] was not prepared to concede that such marriages, though not the best, were at least allowable as inferior (*anukalpa*). The Dharmasindhu [^1093 f] stated that only in calamities when one is unable to secure a girl one may enter into a marriage where sapiṇḍa relationship is narrowed down, but that those who can secure another girl should not go in for it, as the sin of incest would be incurred. Such marriages did not take place except during the last few years and so the courts have not yet pronounced on their validity. The preceding remarks are made by way of caution only and it is quite possible that courts may find out some way to uphold the marriages when they come before them many years after their celebration. But it is well to remember that the validity of such marriages in castes that have no usage to that effect is, to say the least, doubtful.