Marriage between first cousins unlawful, says Punjab and Haryana High Court
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Court guidelines after youth, who was in a live-in relationship with a minor lady who was his relative, recordsdata for anticipatory bail
The Punjab and Haryana High Court has said that marriage between first cousins is against the law. The assertion got here after a youth moved the High Court towards the State of Punjab for anticipatory bail.
The petitioner, a 21-year-old youth, had sought anticipatory bail in a case registered beneath Sections 363 (kidnapping), 366A (Procuration of minor lady) of the Indian Penal Code at Khanna city-2 in Ludhiana district.
The counsel for petitioner submitted that his consumer had additionally filed a legal writ petition, together with the lady, praying for grant of safety to their life and liberty. The State nevertheless argued the duo had been first cousins and their fathers had been actual brothers.
Justice Arvind Singh Sangwan, whereas listening to the petition, mentioned, “..the submission in the present petition that as and when she [the girl] attains the age of 18 years, they will perform marriage is per se illegal.”
During the listening to, the courtroom file of the legal writ petition was additionally summoned and as per its memorandum of events, the lady’s age was said as 17 and the petitioner had filed the mentioned petition with the submission that each of them had been in a live-in-relationship.
Along with the petition, a illustration was additionally annexed, through which the lady had said that whereas her dad and mom had love and affection for his or her sons, she was ignored by them. Therefore, she determined to dwell along with her pal and, on that account, she was apprehending that her dad and mom might harass them and disturb their peace of thoughts. This petition was disposed on September 7.
Justice Sangwan, within the present case, identified “…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, who opposed the bail, raised objections, together with that the lady was a minor. Besides, the boy and the lady had been first cousins as their fathers had been brothers. Hence, the petitioner hid one more reality within the mentioned legal writ petition that they fall within the prohibited ‘sapinda’ beneath the Puucho Marriage Act (HMA) and couldn’t marry one another. The HMA prohibits marriage between two people if they’ve frequent ancestor.
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