Chhattisgarh HC declares marriage within prohibited relation invalid
Aunt’s daughter marriage invalid: HC
Bilaspur | Correspondent: In a recent case in Chhattisgarh's High Court, a significant legal precedent was established regarding family relations and marriage law.
In this, the court clearly said that marriages under 'prohibited degrees of relationship' under the Hindu Marriage Act will not be legally valid.
In this case, a man hailing from the Janjgir-Champa had married his real maternal aunt's daughter.
The matter came to light in the year 2018 when contradictions arose between the husband and wife, and they reached court.
Earlier, the family court had considered the marriage valid, referring to the local traditions of the Patel community and the concept of 'Brahma Vivah'. However, the High Court overturned this decision.
The court further said that a custom can override the law only if it is very old, continuously followed, and does not go against public policy. In this case, no such proof was found that showed such a custom existed.
Referring to section 5(iv) of the Hindu Marriage Act, the court declared the marriage void or invalid.
At the same time, the court protected the rights of a woman. It stated that even though the marriage is invalid, she still has the right to maintenance.
Under Section 25 of the Hindu Marriage Act, she can claim permanent alimony. The court also allowed her to file a separate application for maintenance, making it clear that the husband cannot avoid his financial responsibility.
