Marriage in between first cousins unlawful, states Punjab and Haryana High Court
Court guidelines after youth, who was in a live-in relationship with a small girl who was his relative, files for anticipatory bail.
Court guidelines after youth, who was in a live-in relationship with a small woman who was his relative, files for anticipatory bail.
The Punjab and Haryana High Court has actually specified that marriage between first cousins is illegal. The assertion followed a youth moved the High Court versus the State of Punjab for anticipatory bail.
The petitioner, a 21- year-old youth, had actually looked for anticipatory bail in a case registered under Areas 363 (kidnapping), 366 A (Procuration of small lady) of the Indian Penal Code at Khanna city-2 in Ludhiana district.
The counsel for petitioner submitted that his customer had likewise filed a criminal writ petition, along with the woman, wishing grant of protection to their life and liberty. The State however argued the duo were first cousins and their dads were genuine siblings.
Justice Arvind Singh Sangwan, while hearing the petition, stated, “. the submission in the present petition that as and when she [the girl] achieves the age of 18 years, they will perform marriage is per se prohibited.”
During the hearing, the court file of the criminal writ petition was likewise summoned and based on its memorandum of parties, the lady’s age was specified as 17 and the petitioner had submitted the said petition with the submission that both of them remained in a live-in-relationship.
In addition to the petition, a representation was also annexed, in which the girl had mentioned that while her parents had love and love for their sons, she was neglected by them. Therefore, she chose to cope with her good friend and, on that account, she was capturing that her parents might pester them and disturb their peace of mind. This petition was gotten rid of on September 7.
Justice Sangwan, in the existing case, explained “… in the present petition also, the petitioner has not divulged the reality that he is the very first cousin of the lady and, therefore, the submission in the present petition that as and when she obtains the age of 18 years, they will carry out marriage is also per se illegal.”
The counsel for the State, who opposed the bail, raised objections, including that the lady was a minor. Besides, the boy and the girl were first cousins as their dads were siblings. Thus, the petitioner concealed yet another fact in the stated criminal writ petition that they fall in the forbidden ‘sapinda’ under the Hindu Marriage Act (HMA) and might not wed each other. The HMA forbids marriage in between 2 people if they have typical forefather.
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