LI Network
Published on: January 25, 2024 at 13:10 IST
In a recent ruling, the Delhi High Court has upheld the constitutional validity of a provision within the Hindu Marriage Act that prohibits marriages between individuals related through ancestors from their parents’ side, unless their customs permit such unions.
The Court’s decision pertains to the contentious ‘Sapinda’ relationships, extending up to the third generation through the mother’s line and the fifth generation through the father’s line.
Acting Chief Justice Manmohan and Justice Manmeet PS Arora, comprising the bench, emphasized the need for regulating the choice of partners in marriage to prevent the legitimization of incestuous relationships.
The Court dismissed the challenge to Section 5(V) of the Hindu Marriage Act, which outlines conditions for Hindu marriages.
Section 5(V) of the HMA specifies that a marriage between two Hindus may be solemnized unless the parties are sapindas (closely related by blood) unless their customs allow such a union.
The ruling came in response to a petition filed by a woman challenging a family court’s decision declaring her marriage to a distant cousin null and void under the Act.
The petitioner contended that her marriage was wrongly declared void and challenged the constitutional validity of the provision prohibiting Sapinda marriages. The high court, however, found no merit in the challenge, affirming that the petitioner failed to present valid legal grounds.
The Court clarified that the provision does not violate Article 14 (equality before the law) of the Constitution, as the exception for marriages based on custom requires stringent proof and adjudication by a court of law.
The petitioner’s reliance on parental consent was deemed insufficient to establish the existence of a valid custom.
The Court maintained that the impugned provision ensures that marriages within Sapinda relationships are only allowed when sanctioned by a well-established and proven custom or usage.