Chhattisgarh High Court has given a big decision under the Hindu Marriage Act. The court has declared marriage between children of siblings as illegal. The High Court has accepted the appeal of a man to declare his marriage with his cousin as invalid. Because this marriage comes under prohibited relationship under Hindu Marriage Act 1955.
A bench of two judges was hearing this case. The decision of the Family Court was challenged in the court. In which it was found that his marriage falls in the category of prohibited marital relationship. This marriage was kept intact only because a custom in Patel society approves of such marriages. For this reason, it was refused to declare this marriage illegal and void.
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This argument given in the petition
It was argued on behalf of the petitioner that the practice of marriage between brother-sister, sister-daughter and maternal uncle-aunt is prevalent in the Patel community. This is called Brahma Vivah. In this, it is necessary to prove that this practice of marriage continues between different levels of prohibited relationship. They have been following this practice continuously for a long time.
When did this marriage take place?
A young man was married on 20 April 2018 as per Hindu customs. The young man’s mother and his wife’s mother were both real sisters. After March 2020, his wife left her in-laws’ house and started living with her father. Both of them got divorced in a social meeting in January 2022. Also Rs 75000 and gold Silver Jewelery was given away.
On this the husband filed a case in the court. In which he argued that his mother was the real sister of his wife’s mother and their marriage was prohibited under the Hindu Marriage Act. On January 3, 2024, the Family Court concluded that there was a custom in the Patel community in which such marriages were allowed. After this the husband’s appeal was rejected by the court.
What did Chhattisgarh High Court say on the matter?
Chhattisgarh High Court said that it was completely unfair for the Family Court to dismiss the petition seeking to declare the marriage between the parties as null and void considering that their marriage falls in the category of prohibited relationship under Section 5(iv) of the 1955 Act.
The court said in its decision that in their society, any practice or custom that allows such marriage between the two falls in the category of prohibited relationship, for which neither any argument was given nor it was proved. Due to which the decision related to the validity of the marriage was canceled and the issue of permanent alimony was kept open to be raised by the wife.
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