Saturday, December 3, 2022

Punjab and Haryana High Court rules marriage between first cousins is illegal

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New Delhi (ILNS): The Punjab and Haryana High Court while hearing an anticipatory bail application has said marriage between first cousins is illegal and cannot be performed. 

The said observation came from Single-judge bench of Justice Arvind Singh Sangwan who was hearing the anticipatory bail application filed by a 21-year old boy against whom the FIR was filed under section 363 (kidnapping) and 366(A) IPC. 

Petitioners Counsel told the court that he is in Live-in relationship with his uncle’s daughter and previously had filed a criminal writ petition in the Court seeking protection from their families. The Court had directed the state to provide security if needed. But at the same time the Court made it clear the Order shall not be taken to protect the petitioner from legal action for violation of law, if any, committed by them. 

Petitioner counsel told the Court that the present FIR has been registered prior to the filing of the said Criminal writ petition. He also asserted that the girl’s date of birth is August 2003 and when the criminal writ was filed on September 3, 2020, the girl’s age was 17 years 14 days. The girl feared harassment by both her parents. It was also said on behalf of the girl that her parents only love sons and she has been completely ignored. So she has decided to stay with her friend.

Opposing the plea, the state government’s counsel said that the petitioner has concealed the fact of being a cousin in the Petition. They cannot marry each other under the Hindu Marriage Act. For this reason, the consensual relationship also has no meaning. To this, the counsel for the petitioner demanded time to file an reply. The court adjourned the case till January next year.

Also Read: Ex-cop close to MP Azam Khan gets bail from Allahabad High Court

Justice Arvind Singh Sangwan said after hearing the current petition, “I think even in the present petition, the petitioner has not disclosed the fact that she is the real cousin of the girl.” This petition states that when the girl turns 18, they will marry. But even then it would be illegal.

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