DELHI HIGH COURT UPHOLDS PROHIBITION OF MARRIAGE BETWEEN 'SAPINDAS", SAYS INCESTUOUS RELATIONS MAY GAIN LEGITIMACY IF PARTNER'S CHOICE LEFT UNREGULATED

The Delhi High Court in the case observed and has upheld the validity of Section 5(v) of the Hindu Marriage Act which states that no marriage can be solemnized between parties who are related to each other as "sapindas", unless it is sanctioned by usage or custom governing them.

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The Division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora in the case observed and has stated that if the choice of a partner in a marriage is left unregulated, incestuous relationship may gain legitimacy.

In the Present case, the court was hearing the -PIL moved by a woman seeking striking down of the pro- vision. Thus, she was aggrieved by the order of Family Court declaring the marriage between her and her distant . cousin as null and void as per the said provision.

Last year, the coordinate bench dismissed her appeal against the same in October.