The Bombay High Court has refused to allow a plea of a boy for a live-in relationship with his cousin as their marriage could not materialise in view of prohibited degree of relationship under Hindu Marriage Act.
Justice Ajay Khanvilkar and Justice U D Salvi observed, "the court cannot be asked to grant approval to an arrangement which is prohibited in law."
Accordingly, the judges On Tuesday disposed of a Habeas Corpus petition in which the boy had sought production of the girl who he claimed had been "forcibly" taken away by her parents from Mumbai to their home town in Amritsar.
The judges noted that the girl was produced before the court and hence the petition was disposed of because the purpose of Habeas Corpus was achieved.
The matter arose in March 2008 when the petitioner Ravi Ahluwalia (name changed to conceal identity) went to Amritsar from Mumbai with his parents. In Amritsar, he came in contact with Kamla Kaur (name changed) and fell in love. Both wanted to get married with permission of their parents.
In November 2008, Ravi returned to Mumbai and two months later Kamala arrived here. Both were married at Arya Samaj here on January 20 last year and got themselves registered with the Registrar of Marriages, the petition said.
Later, they learnt that their marriage was null and void because Hindu Marriage Act prohibits marriage among cousins. Kamala's parents arrived in Mumbai and took her away against her wishes, the petitioner claimed.