In a recent legal development, the Delhi High Court decisively rejected a challenge to Section 5(v) of the Hindu Marriage Act, reinforcing the prohibition of sapinda marriages within the Hindu community. The court’s ruling underscored the pivotal role of established customs in justifying such unions, emphasizing the regulatory framework governing marital choices.
Sapinda Marriages Defined:
Sapinda marriages, as defined under Section 3(f)(ii) of the Hindu Marriage Act, pertain to unions among individuals closely related within a specific degree of kinship. The legal framework prohibits marriages within three generations on the mother’s side and five on the father’s side. Violation of Section 5(v) without the existence of a proven custom results in the declaration of marriages as void, rendering them invalid as if they never occurred.
Global Insights on Incestuous Unions:
Taking a comparative perspective on incestuous relationships globally, legal stances vary. Notably, countries like France and Belgium permit such marriages, while Portugal and Italy do not criminalize incest. In the United States, incestuous marriages are generally prohibited, except for specific allowances in states like New Jersey and Rhode Island.
Conclusion:
The Delhi High Court’s recent decision not only reinforces the significance of established customs in the context of sapinda marriages but also highlights the nuanced global approaches to regulating familial relationships. As legal landscapes evolve, it becomes essential to navigate the complex intersection of tradition, societal norms, and individual choices in the realm of marriage.