P&H HC | Whether partners falling in sapinda prohibition under HMA can stay in a live-in relationship? Parties argue while hearing in anticipatory bail

Punjab and Haryana High Court: Arvind Singh Sangwan, J., observed that the marriage of first cousins is not permissible as per the prohibited sapinda under the Hindu Marriage Act.

In the instant petition, anticipatory bail has been sought wherein an FIR under Sections 363, 366A of the Penal Code, 1860 was registered.

C.S. Rana, Advocate for the petitioner submitted that the petitioner had filed a criminal writ petition, bearing CRWP-6856-2020, along with Jyoti seeking protection of their life and liberty.

The said criminal writ petition was summoned and as per the memorandum of parties, Jyoti was stated to be 17 years of and both of them the girl and the boy were stated to be in a live-in-relationship.

A representation was also made on 01-09-2020, in which Jyoti stated that her parents had love and affection for their sons but she was ignored by them, hence she decided to love with the petitioner.

State Counsel while opposing the anticipatory bail application raised the following objections:

  • Jyoti is a minor aged about 17 years, therefore her parents got the FIR registered as Jyoti and Akhilesh are stated to be the first cousins since their fathers are real brothers, hence the stated fact was concealed by the petitioner. The minor girl and boy fall in the prohibited sapinda under the Hindu Marriage Act and cannot perform marriage with each other.

Once the petitioner and Jyoti are prohibited from performing marriage with each other, there is no question of their being in any live-in-relationship, which is per se immoral and not acceptable in society.

On perusal of the above, Bench held that since the present petitioner even in the present petition did not disclose the fact that he is the first cousin of Jyoti and therefore, the submission in the present petition that as and when she attains the age of 18 years, they will perform marriage is also per se illegal.

Matter was adjourned to 11-01-2021.[Akhilesh v. State of Punjab,  2020 SCC OnLine P&H 2058, decided on 19-11-2020]

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