The Punjab and Haryana High Court has stated that marriage between first cousins is illegal. The assertion came after a 21-year-old man moved the High Court against the state of Punjab seeking anticipatory bail in a case registered under Sections 363 (kidnapping), 366A (Procuration of minor girl) of the Indian Penal Code at Khanna city-2 in Ludhiana district. The court said that the marriage he wants to solemnise with his first cousin is illegal.
The counsel for the petitioner submitted that his client had also filed a criminal writ petition, along with the girl, praying for grant of protection to their life and liberty. The state counsel however contended that the girl was a minor and her parents had lodged an FIR that she and the man were first cousins. Their fathers were real brothers.
What You Should Know
- The Punjab and Haryana high court has stated that marriage between first cousins is illegal.
- The assertion came after a 21-year-old man moved the High Court against the state of Punjab seeking anticipatory bail in a case.
- They fall in the prohibited ‘sapinda’ under the Hindu Marriage Act (HMA) and cannot marry each other.
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As per the court file of the criminal writ petition, the girl is stated to be 17 years old and the petitioner had filed the said petition stating that both of them were in a live-in-relationship.
Along with the petition, a representation was also annexed, in which the girl had stated that while her parents had love and affection for their sons, she was ignored by them. Therefore, she decided to live with her friend and, on that account, she was apprehending that her parents could harass them and disturb their peace of mind. This petition was disposed on September 7.
Justice Arvind Singh Sangwan, while hearing the petition, said, “...in the present petition also, the petitioner has not disclosed the fact that he is the first cousin of the girl and, therefore, the submission in the present petition that as and when she attains the age of 18 years, they will perform marriage is also per se illegal”.
The counsel for the State while opposing the bail, raised objections that the girl was a minor. Besides, the boy and the girl were first cousins as their fathers were brothers. Hence, the petitioner concealed yet another fact in the said criminal writ petition that they fall in the prohibited ‘sapinda’ under the Hindu Marriage Act (HMA) and could not marry each other. The HMA prohibits marriage between two individuals if they have a common ancestor.
It was also argued that once the petitioner and the girls are prohibited from performing marriage with each other, there is no point of them being in a live-in relationship. It is immoral and not acceptable in society.
Shivangi Thapa is an intern with SheThePeople.Tv
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