Introduction:

The Delhi High Court has affirmed the validity of Section 5(v) of the Hindu Marriage Act, prohibiting marriages between parties classified as “sapindas” unless sanctioned by usage or custom governing them. The court’s decision came in response to a PIL filed by a woman challenging the provision after her marriage to a distant cousin was declared null and void by a family court. The bench, consisting of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, emphasized the necessity of regulating partner choices to prevent the legitimization of incestuous relationships.

Arguments:

The petitioner contended that Section 5(v) violates Article 14 of the Indian Constitution, as the exception for marriages based on custom with the force of law requires stringent proof. The court rejected this argument, stating that the petitioner failed to identify grounds for challenging the provision or provide legal reasoning against the restriction. The petitioner’s reliance on parental consent was deemed insufficient, and the court found no merit in challenging Section 5(v) of the Hindu Marriage Act.

Court’s Judgement:

The Delhi High Court upheld the validity of Section 5(v), emphasizing the importance of preventing incestuous relationships by regulating marital choices. The court dismissed the petitioner’s challenge, stating that she failed to establish grounds or legal reasons for contesting the provision. However, the woman was granted the liberty to pursue appropriate legal proceedings against her former husband before the relevant forum.