If the choice of a partner in a marriage is left unregulated, incestuous relationship may gain legitimacy, the Delhi High court observed.
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The Delhi High Court has reaffirmed the legal boundaries set by the Hindu Marriage Act (HMA) regarding the choice of marriage partners, particularly emphasizing the prohibition of sapinda marriages. This decision came in response to a petition challenging the constitutional validity of Section 5(v) of the HMA, which disallows marriages between individuals who are sapindas, or related through ancestors on their parents’ side, unless permitted by their respective customs or usages.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora delivered the judgment. The bench was clear in its observation, stating,
“If the choice of a partner in a marriage is left unregulated, incestuous relationships may gain legitimacy.”
This statement underscores the court’s stance on maintaining certain societal norms and legal boundaries in the selection of marriage partners.
The case originated from a woman’s plea, who sought to overturn the provision after her marriage to a distant cousin was declared null and void by a trial court. The marriage was found to be in contravention of the HMA’s provisions. Her subsequent appeal was dismissed by the high court, leading to the challenge of the Act’s constitutional validity.
The bench addressed the petitioner’s argument that Section 5(v) of the HMA violated Article 14 of the Constitution, which ensures equality before the law. The court clarified that the exception in the section applies only to marriages based on custom with legal force, necessitating stringent proof and judicial scrutiny. The petitioner’s inability to prove the existence of such a custom in her case, relying instead on parental consent, was insufficient to replace the legal requirement of custom.
Furthermore, the court noted that the petitioner failed to present any tenable legal grounds for challenging the provision. The judgment emphasized that the impugned sub-section mandates that no marriage can be solemnized between sapindas unless sanctioned by relevant customs or usages. The court elaborated on the requirements for proving a valid and existing custom under the HMA Act.
However, the bench added a caveat, stating that the petitioner is at liberty to initiate appropriate legal proceedings against her former husband in accordance with the law.
This ruling by the Delhi High Court highlights the intricate balance between individual choice in marriage and the boundaries set by law and societal norms, particularly in the context of marriages within extended family networks. The decision reaffirms the legal framework governing marriage practices under the Hindu Marriage Act, emphasizing the importance of adhering to established customs and legal provisions.
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