The Punjab and Haryana excessive courtroom has stated that marriage between first cousins is against the law.
The commentary got here on the plea of a 21-year-old man, who had approached courtroom in search of anticipatory bail in a case registered underneath sections 363 (kidnapping) and 366A (procuration of minor lady) of the Indian Penal Code (IPC) in opposition to him. The man is accused of kidnapping his minor cousin, and in line with the petition, they had been in a “live-in relationship”.
The courtroom stated that marriage which petitioner man needs to carry out with the lady, who’s his first cousin, was additionally per se unlawful.
“After hearing learned counsel for the parties, I find that… the petitioner has not disclosed about the fact that he is first cousin of …. (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 bench of justice Arvind Singh Sangwan stated.
The state counsel, whereas opposing the bail plea, contented that the lady 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 prison writ petition, together with the lady, for defense of life and liberty.
The courtroom file of the prison writ petition was summoned through the listening to and as per its memorandum of events, the lady 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”.
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.”