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Chandigarh:
The Punjab and Haryana High Court has stated that marriage between first cousins is against the law.
The court docket stated that marriage which the petitioner (man) needs to carry out with a lady, who’s his first cousin, was additionally per se unlawful. “The submission in the present petition that as and when she (the girl) attains the age of 18 years, they will perform marriage is also per se illegal,” the choose stated on Thursday whereas listening to the petition.
The assertion got here after a 21-year-old man moved the excessive court docket in opposition to state of Punjab searching for anticipatory bail in a case registered underneath Sections 363 (kidnapping), 366A (procuration of minor woman) of the IPC at police station Khanna City-2 in Ludhiana district on August 18.
The state counsel, whereas opposing the bail plea, contented that the woman was a minor and her dad and mom had lodged the FIR as she and the person had been first cousins and their fathers had been brothers.
The man’s counsel informed Justice Arvind Singh Sangwan that the petitioner had additionally filed a felony writ petition, together with the woman, for defense of life and liberty.
The court docket file of the felony writ petition was summoned through the listening to and as per its memorandum of events, the woman was acknowledged to be 17 years of age and the petitioner man had filed the petition with the submission that each of them had been in a “live-in-relationship”.
It was acknowledged within the petition that date of beginning of the woman was August 2003 and on the date of submitting the petition on September 3, 2020, she was of the age of 17 years and 14 days.
Along with petition, a illustration was additionally annexed, during which the woman had acknowledged that her dad and mom liked their sons however ignored her, subsequently, she determined to stay together with her pal (petitioner) and on that account, she was apprehending that her dad and mom can harass them and disturb the peace of their thoughts.
The court docket disposed of this petition on September 7. The state was directed to grant them safety if any risk was perceived to the person and the woman. However, the choose made it clear “that this order shall not be taken to protect the petitioners (man and the girl) from legal action for violation of law, if any, committed by them”.
The choose, after listening to counsel for the events within the current petition, stated, “I find that in the present petition also, the petitioner has not disclosed about the fact that he is 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.”
While opposing the anticipatory bail plea, the state counsel argued “that the girl was aged about 17 years and is a minor, therefore, her parents have got the FIR registered as the youth and the girl are the first cousins as their fathers are real brothers”.
“Hence the petitioner has concealed the fact in the petition that they fall in the prohibited ‘sapinda’ (which prohibits marriage between two individuals if they have common ancestor) under the Hindu Marriage Act and cannot perform marriage with each other,” the state counsel argued.
“Once the petitioner and the woman are prohibited from performing marriage with one another, there is no such thing as a query of their being in any live-in-relationship, which is per se immoral and not acceptable within the society, it was argued.
The counsel for the petitioner has sought time from the court docket to deal with arguments and the case was adjourned to January subsequent yr.
(This story has not been edited by NDTV workers and is auto-generated from a syndicated feed.)
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