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.
Tags :Family Law