The court rules after the young man, who was in a living relationship with a minor girl who was his relative, requests an advance bond
The Punjab and Haryana High Court has declared that marriage between first cousins is illegal. The claim came after a young man applied for an advance bond to the High Court against the state of Punjab.
The petitioner, a 21-year-old youth, had applied for early bail in a case recorded under Articles 363 (Kidnapping), 366A (Charging of a minor) of the Indian Penal Code in Khanna City 2 in Ludhiana district.
The petitioner’s lawyer alleged that his client had also filed a petition for a criminal order, together with the girl, requesting that her life and freedom be protected. However, the state argued that the duo were first cousins and their parents were actual siblings.
Judge Arvind Singh Sangwan, upon hearing the petition, said: “… the presentation in this petition that, how and when [the girl] reaches the age of 18, marriage is illegal per se ”.
During the hearing, the judicial file of the criminal injunction was also convened and according to the memorandum of the parties, the age of the girl was 17 years old and the petitioner had submitted said petition with the allegation that both were in a live- in relation.
Along with the petition, a representation was also attached, in which the girl had stated that although her parents had love and affection for their children, they ignored her. Therefore, she decided to live with her friend and, because of this, she feared that her parents could harass them and disturb her tranquility. This petition was resolved on September 7.
Judge Sangwan, in the present case, indicated “… in the present petition as well, the petitioner has not revealed the fact that he is the girl’s first cousin and, therefore, the allegation in the present petition that as and when if he reaches the age of 18, the marriage is also illegal per se ”.
The State attorney, who objected to the bail, raised objections, including that the girl was a minor. Furthermore, the boy and girl were first cousins, since their parents were siblings. Therefore, the petitioner concealed another fact in said criminal order petition that they fall into the ‘sapinda’ prohibited under the Hindu Marriage Law (HMA) and cannot marry each other. The HMA prohibits marriage between two people if they have a common ancestor.
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