The Delhi High Court has upheld the validity of a provision in the Hindu Marriage Act that prohibits marriages between individuals related through ancestors from their parents’ side, or in ‘Sapinda’ relationships.

A bench of Acting Chief Justice Manmohan and Justice Manmeet P.S. Arora, stated that unregulated choices in marriage may legitimise incestuous relationships and found no merit in the challenge to Section 5(V) of the Hindu Marriage Act, prohibiting marriages between sapindas (relatives) unless custom or usage governing each party permits such a union.

The case arose from a woman challenging a family court’s ruling declaring her marriage with a distant cousin null and void under the Act.

The high court dismissed her appeal, stating she failed to prove the existence of a valid custom allowing sapinda marriages in their community.

“The petitioner was unable to prove existence of custom in the facts of her case and has relied upon consent of parents which cannot take the place of custom. This court therefore, finds no merit in the challenge to Section 5(v) of the HMA Act in the present writ petition,” it said.

The court said that the provision aims to regulate marriages between sapindas and requires stringent proof of a valid and existing custom, as defined in the HMA.

“We are of the considered opinion that, no tenable grounds in law for challenging the said impugned provision have been placed before this court during arguments or pleaded in the petition,” it said.

It rejected the petitioner’s argument that the provision violated Article 14 (equality before law) of the Constitution, noting the exception for marriages based on custom requires rigorous proof adjudicated by a court of law.

In conclusion, the court maintained the constitutionality of the provision and stressed the importance of valid customs in permitting sapinda marriages under the Hindu Marriage Act.

(This article has been published via a syndicated feed)