Marriage Between Cousins Declared Void: Delhi High Court Ruling Explained

The Ruling In Brief

According to reports, the Delhi High Court upheld a decree of nullity for a marriage between cousins. The decision is an example of how the Hindu Marriage Act treats marriages within prohibited degrees or between sapindas as void, unless a valid custom permits them.

The Law Behind It

Section 5(iv) and 5(v) of the Hindu Marriage Act prohibit marriages between persons within the degrees of prohibited relationship, or who are sapindas of each other, unless the custom or usage governing both parties permits it. Under Section 11, a marriage in breach of these conditions is void. The court can pass a decree of nullity on a petition by either party. Whether cousins fall within the prohibition depends on their line of relationship and on whether a proven custom allows the marriage, as is the case in some communities.

What It Means For Your Case

• A void marriage is treated as invalid from the beginning, and a decree of nullity removes doubt.
• A claimed custom must be proved by evidence, and it must be ancient, certain and continuous.
• Children of void marriages are treated as legitimate under Section 16 of the Hindu Marriage Act.
• The result may differ under other personal laws, such as Muslim law.

Understanding Prohibited Degrees And Customs

The Hindu Marriage Act prohibits marriage between persons who are within a defined range of blood relationship or who are sapindas, which in simple terms means that they share common ancestors within a specified number of generations. The Act, however, allows an exception where a custom governing both parties permits the marriage. Some communities have long-standing customs that allow marriages that others would consider prohibited.

The party who relies on a custom must prove it. It must be ancient, certain, reasonable and continuously followed, and the courts examine evidence such as witness statements, community records and past instances. Without such proof, the prohibition applies, and the marriage can be declared void.

A decree of nullity has practical benefits. It removes uncertainty about the status of the spouses and their children, and it helps with property and succession. If you are in doubt about the validity of your marriage, it is wise to seek advice early, before property or children complicate the position.

Key Takeaways

• Marriages within prohibited degrees or between sapindas are void unless a custom allows them.
• A decree of nullity confirms the position and removes doubt.
• Customs must be proved with clear evidence.
• Children of such marriages are legitimate under Section 16.

Common Misconceptions

• “Cousin marriage is always valid in India.” It depends on the personal law and custom.
• “A void marriage needs no court.” A decree is advisable to avoid future problems.
• “Children are illegitimate.” The Act protects their status.

Practical Steps If You Are In This Situation

1. Gather proof of the relationship and family tree.
2. Check whether a community custom can be proved by witnesses and records.
3. Take advice on whether to seek nullity or divorce, depending on your goals.
4. Keep documents about marriage registration and children.
5. Plan for maintenance and property issues alongside the case.

Should You Speak To A Lawyer?

If you are unsure whether your marriage is valid, or want to seek a declaration of nullity, get legal advice before making any decision. Advocate Manish Kumar offers a 100% confidential first consultation at Dwarka Court and by phone or video. Call 95606 02012.

Related Legal Services