Court upholds law barring marriage of distant relatives

The Delhi high court upheld the validity of the Hindu Marriage Act (HMA) provision that prohibits marriage between two people who are distantly related, saying that the consent of parents for a marriage between blood relatives cannot be treated as a custom under the law.

- Shruti Kakkar

Two days after it said leaving the choice of marriage partners unregulated could lead to incestuous relationships gaining legitimacy, the court on Wednesday released its detailed judgement which noted that such relationships can only be permitted on the basis of existing customs, which either need to be supported by unassailable proof or be adjudicated on by court.

"The Petitioner was unable to prove the existence of custom in the facts of her case and has relied upon consent of parents which cannot take the place of custom," a bench led by acting chief justice Manmohan said in the order.

"This Court is unable to accept the contention of the Petitioner that the impugned section is violative of Article 14 of the Constitution of India as the exception in the impugned Section is only for marriages between persons on the basis of custom having force of law, which requires stringent proof and its existence is to be adjudicated upon by Court," it added.