Marriage/Live-in Relationship Between First Cousins Illegal? Punjab & Haryana High Court To Examine

"Whether the marriage or live-in relationships between first cousins illegal?", Punjab and Haryana High Court has asked the petitioners in a plea for anticipatory bail to argue on this point.The Bench of Justice Arvind Singh Sangwan was hearing a petition for grant of anticipatory bail to the petitioner who was booked under Sections 363 (kidnapping), 366A (Procuration of minor girl) of the IPC.The background of the CaseThe Counsel for the petitioner submitted before the Court that his client/petitioner has filed a criminal writ petition, bearing CRWP-6856-2020, along with XYZ (name hidden intentionally), praying for grant of protection to their life and liberty.The Court summoned file of the criminal writ petition and in the memorandum of parties, it was stated that XYZ is 17 years of age and the the petitioner, filed the said petition with the submission that both of them are in live-in-relationship.Along with aforesaid petition, a representation was also annexed, in which XYZ had stated that she decided to live with her friend (the Petitioner) and on that account, she was apprehending that her parents can harass them and disturb the peace of their mind.The said petition was disposed of by an order dated 07.09.2020 in which Commissioner of Police, Ludhiana was directed to decide the representation of the petitioners, and grant them protection, if any threat to their life and liberty is perceived.Arguments put forth by the StateThe Counsel for the State raised objection that XYZ is admittedly aged about 17 years and is a minor, therefore, her parents have got this FIR registered as XYZ and the petitioner are the first cousins as their fathers are real brothers, hence, the petitioner has concealed yet another fact in the said CRWP-6856-2020 that they fall in the prohibited spinda under the Hindu Marriage Act and cannot perform marriage with each other.It was also argued that once the petitioner and XYZ are prohibited from performing marriage with each other, there is no question of their being in any live-in-relationship, which is per se immoral and not acceptable in the society.To this, the Court said,"After hearing learned counsel for the parties, I find that in the present petition also, the petitioner has not disclosed about the fact that he is first cousin of Jyoti 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."Faced with this, the counsel for the petitioner sought some time to address arguments and thus, the matter was adjourned to 11.01.2021.Click Here To Download Order[Read Order]

Marriage/Live-in Relationship Between First Cousins Illegal? Punjab & Haryana High Court To Examine

Sparsh Upadhyay

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