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Marriage with the cousin sister: How much Legal?

By : ambrish on 02 August 2011 Report Abuse Print Print this

I am referring the Judgment of the case of O.P.Gogne Vs State of Delhi (NCT) & others dated 26th July 2011 passed by Delhi High Court.  In this case the plaintiff is the retired judicial officer and his son is also the preside judge. The dispute arose where the Son of Mr. Gogne asked the permission from his parent to marry his cousin but the parent denied. Later on father Mr. Gogne filed a civil injunction case before Civil judge Delhi and secured  injunction. After some time father Mr. Gogne came to know that his son has solemnized  to Christen Religion and after that he married to his cousin sister. Father filed petition under Section  200 of Cr.P.C before ACMM which got dismissed. Father approached Session court in revision which again dismissed the revision petition. Aggrieved by the judgment of session, Father approached the High court Delhi who penalized the Father by 10000/- and dismissed the petition being void of “locus Standi”.


The legal point discussed that in Hindu Law marriage in ‘Sapindas’ relations are prohibited. Simply, marriage among brothers and sisters (either real or distant cousin) are illegal as both belong to same family. But it is not prohibited in christen and converted christen are defined as christens under christen marriage act.


Few thing are apparent  come out of this particular case only : -


1) The  society is changing very fast and parents will is no more relevant for marriage.

2) Any thing which is illegal in one personal law can be made legal by changing religion. 


Probably, it may the first time in history where Plaintiff is the father of defendant and that too a  Retired Judge and defendant is the Son that too a magistrate and the magistrate won over the retired judge for marriage wit his own cousin sister.


This case have inherent issues : -


1) Can it be morally correct to marry one’s own sister who use to  knot a Rakhi since childhood? ( Legally, it may be as decided in case).

2) Can religion change for selfish motives be permitted  and encouraged?


Answers lies with reader with their personal belief system.


Published in Family Law
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12 Comments for this Article

Navneet Kumar Srivastava

Navneet Kumar Srivastava

Wrote on 22 May 2013

I am really surprised to see how people,,even educated people cant understand that whatever there perception is,it is basically transferred to them by their earlier generations and to them,by their earlier generation and in this mindless transfer of stupid rules,,no body ever had the time and mind to think what is wrong and why??just beacause few brahmans said that you can not marry your mother's sister daughter or your mother's brother's daughter,does it makes it wrong?beacause I think this whole concept of prohibitable marriage is for brahman's to get their bread and butter by one more means. I mean what basically is the reason behind this prohibition? people claim that there are chances of deformity in offspring..i asked one thing..are you able to read?because there are so many reports and survey which have confirmed that there are 4 % chances of a deformed child in a non-related people marriage and it is by no means higher in marriages in people have mentioned here,,this kind of marriages are common in south indian hindu,,so what do you think?is the south india less moral than north? I really want to laugh at people who have posted such stupid comments about morality and bla bla.Where has the morality gone when people start living in Live-In relationships?When pre marital sex and post marital affairs are so common?when divorce become so common? My friends this laws were made when the structure of society was very different than that of today' it can be applied in today's circumstances. Also in this kind of marriage both girl and guy know each other very well,so there are more chances of a better understanding between them.also as both the family will be knowing each other..dowry,and post marriage harrassment,killing of girl for different reason ,,these kind of incidents will be lesser. i guess the pros of cousin marriages outweigh the fictitous cons by a large margin.we should stop this hyppocracy where people can sleep and get fucked by people whom they dont know and still pretend to be moral,while if two person who want to be together for rest of their lives because they are more compatible with each other are said to be immoral jus because some stupid people gave a rule some thousands year back!!



Wrote on 06 September 2011

Each person has different way of thinking.what one thinks is socially wrong, others may think it socially right.This case is not a unique one. Our society is changing and people are not giving much importance to the religion.

Vikas Ranjan

Vikas Ranjan

Wrote on 09 August 2011

The thoughts of Dr. V. Nageswara Rao is appreciatable. By changing the religion may be accepted by our legal bodies, but the message reaches to us in our society are much depressive, which might be possible to lose the trust with one other in one family.

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