15 Oct 2010

Marriage between Hindu cousins illegal: High Court


In a recent decision [WP(Crl) 977/2010] the Bombay High Court declined to agree with the prayer of a husband directing that the parents of her wife be directed to give the custody of the wife to her. The High Court noting that the marriage being first cousins, who were Hindus, was illegal and thus the Court could not give such direction. The High Court, however expressed no opinion on the arrangement entered into between the two being of the view that they both were majors and thus free to take their decisions.

The High Court inter alia observed as under;
2. Counsel appearing for the petitioner, however, submits that the Court should issue further direction to the respondents to hand over the custody of Harmandeep Kaur to the petitioner. Inthe facts of the present case, we do not think it proper to consider this prayer. That is so, because, it is the case of the petitioner that he has entered into marriage with Harmandeep Kaur on 21st January, 2009 knowing fully well that the said Harmandeep Kaur is his first cousin. In view of Section 5 of the Hindu Marriage Act, the marriage between the petitioner and Harmandeep Kaur Kuldeep Singh cannot be treated as valid. It is void on account of clause (v) of Section 5 of the Hindu Marriage Act, 1955. If the request of the petitioner was to be considered, it would be putting seal of approval of the Court on the arrangement arrived at between the petitioner and the said Harmandeep Kaur. At the same time, we may observe that said Harmandeep Kaur is admittedly major. She is free to take her own decision, if she so desires. That decision could be in consultation with her parents and relatives. We express no opinion with regard to that. In our opinion, no further order is warranted in this petition. Petition is disposed of. 

1 comment:

Mohan b rao said...

the decision of the court not to express its opinion relating to the marriage of first cousins stating 'She is free to take her own decision, if she so desires. That decision could be in consultation with her parents and relatives. We express no opinion with regard to that. In our opinion, no further order is warranted in this petition.'
But in contrast to 'Sahapinda Bandhavya Nishedha:'there has been celebration of weddings in all the southern parts of the country wherein the local customs prevail over the Hindu Marriage Law. The Hon'ble court has failed to clarify the law clearly. It must have analysed the scientific and the sacred efficacy of Prohibition of Marriage among the near cousins in the instant case.
Mohan
mohanraobolla9@gmail.com