Cannot marry first cousin, it’s illegal, says Punjab and Haryana High Court

Saurabh Malik

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Tribune News Service

Chandigarh, November 19

The Punjab and Haryana High Court has made it clear that first cousins cannot marry. The Bench also ruled that a youth’s claims of marrying his first cousin, with whom he was in a live-in relationship, were by itself illegal.

‘Prohibited Sapinda’

• The youth and the girl fell in prohibited ‘sapinda’ under Hindu Marriage Act, state counsel told the court
• The duo, as such, could not marry each other, he argued
• There was no question of their being in a live-in relationship, which was per se immoral and not acceptable in society, he added

“The submission in the present petition that they will perform marriage as and when the girl attains the age of 18 is per se illegal,” Justice Arvind Singh Sangwan ruled.

The assertion came after the youth moved the High Court against the State of Punjab for grant of anticipatory bail in a case registered for kidnapping and another offence on August 18 under Sections 363 and 366-A of the IPC at Khanna City-2 police station in Ludhiana district.

His counsel told Justice Sangwan’s Bench that the petitioner had also filed a criminal writ petition, along with the girl, for protection of life and liberty. Taking a note of the submission, Justice Sangwan summoned the criminal writ petition’s court file before observing that the girl was stated to be 17.

Justice Sangwan also took note of the fact the youth, in the petition, had submitted that both of them were in a live-in-relationship. In a representation annexed with the petition, the girl had stated that her parents had love and affection for their sons and she was ignored by them.

Opposing the bail plea, the state counsel contended that the girl was a minor. Her parents lodged an FIR as she and the youth were first cousins and their fathers were real brothers.