Validity of marriage
Shri Jai Krishna
(Querist) 09 May 2018
This query is : Resolved
If two first cousins get married with the consent of their parents, and the religious customs also accepts the marriage. But, since the customs practice was out dated. If the relative file a petition to nullify the marriage. Does the marriage becomes void ?
My humble request to all north indians who doesnt know that first cousins are legal, please ignore this query.
Kumar Doab
(Expert) 09 May 2018
Indian courts recognize custom as law only if the custom is “ancient or immemorial” in
origin; “reasonable in nature and continuous in use”, and “certain”. Courts interpret “ancient
or immemorial" to mean that for a custom to be binding. it “must derive its force from the fact that by long usage it has obtained force of law”.
Outdated custom as posted by you; Do you mean courts no more recognize the custom as valid?
If such custom is not recognized then IT may not be acceptable as custom with any force to get sanction from court.
P. Venu
(Expert) 10 May 2018
The posting suggests deeper issues. Please post complete facts.