Bombay high court on writ petition
pratap
(Querist) 12 March 2015
This query is : Resolved
i read somewhere that a army man married to her first cousin. after one year her parents took her back to home, then her husband placed a writ prtition to bombay high court to get her back.
but court donot allow them to live together beacuse marrige to first cousin is a prohabited practice.
bombay high court said your marriage is prohabited according to HMA. so you cannt live together, as a conset adult you can make your desicion after consulting your parents.
means if parent donot allow they cannt live together. if they try to live together , then parents can file case against them. because there marriage is void, and they already know as husband and wife..
so my query is that if someone want to live together with cousin without attepmt any marriage .
so that time writ petition can help them or not ? because living is a fundamental right of every human....
pratap
(Querist) 13 March 2015
Ok sir, I should simplify it.
Can two cousin live together?? without marriage bcz they Donot like eachother as lover or husband - wife. they feel they understand eachother better than their parents do.
So in that case legal system help them without doubting that they want to be husband and wife.
alexander
(Expert) 13 March 2015
The position in this mayyyer has been stipulated in the HMA Act. It has been made amply clear to you tnat such a relationship would be illegal in any garb.
Choice to act legally or illegally against the letter and spirit of the legislation lies squarely on you The element / charge of RAPE is not ruled out by a live in relationship
Alexander
nom de plume.
pratap
(Querist) 13 March 2015
Dear Alexander sir,
Please elaborate it more ...
ajay sethi
(Expert) 13 March 2015
2 cousins cannot live together . it falls within prohibited degree of relation ship . if parents complain or girl later on complains to police that you had forced her to have sex you would be running around courts for years
pratap
(Querist) 13 March 2015
It will be problem when girl complains to police, and sir what if her parents complain but she refuse. She said we are live happily. I donot have any problems with my cousin.
ajay sethi
(Expert) 13 March 2015
you cant stay together you are brother and sister . you cant have sexual relationship with your own sister
pratap
(Querist) 13 March 2015
sir am not saying that we are lovers. please try to understand. we respect that relationship. but our parents are too possesive they donot allow her to do what she want. she is very concerned about her carrer. she want to be a vocalist but my uncle want to make her marriage as soon as possible and she donot want to marry.
she asked me to help her.
she is also ready to go NARI NIKETAN if police donot allow her to live with me.
her parents doubting our relationship so they tourtering her every time.
Devajyoti Barman
(Expert) 15 March 2015
Ok, then ask her independently/separately in some paying guest accomodation top pursue her passion for instrument and as long as you're there I do not think she should get any worry about the expenses for her independent establishment.
pratap
(Querist) 15 March 2015
Thank you sir
pratap
(Querist) 15 March 2015
to ajay sethi,
is there is a difference between LIVE IN RELATIONSHIP and LIVE TOGETHER ....?
Guest
(Expert) 15 March 2015
You may be lovers and irrespective any member try to understand that or not and whether you respect that relationship, the law don't respect that relationship, if you have the intention to marry her or have physical relationship with her.
pratap
(Querist) 15 March 2015
dear dhingra sir...
bcz you think that there is chance for physical relationship. and according to you its very immoral.
so she should obey her parents wish, should allow them to torture her. she should marry where her parents want,then her husband can make physical relation with her against her wish bcz its allow by law.
then you will respect that relationship...
sometimes lawyers make their own laws..
indian constituion said its void to marry cousin in HMA. so you cant marry. i agree . we should follow the law.
but where is the fundamental right of living of every human...?
T. Kalaiselvan, Advocate 
(Expert) 16 March 2015
You have been advised well by the experts, hence do not stretch the thread with the same questions, it is upto you to decide further course of action which you feel right and lawful.
pratap
(Querist) 16 March 2015
Ok sir.......
T. Kalaiselvan, Advocate
(Expert) 16 March 2015
Thanks for understanding, you may not waste time on unwanted things if you have a plan up your sleeves.
Guest
(Expert) 17 March 2015
Mr. Pratap,
Where did I say that I think, "there is chance for physical relationship" or that "she should obey her parents wish, should allow them to torture her. she should marry where her parents want"?
I just told what is the law position vis-a-vis your own views.
However, if you feel, "lawyers make their own laws" or the existing law violates the constitutional provisions, instead of posting your query here at the LCI, why you have not approached the Law Commission or the Ministry of law with proof of such instances to get your favourable law drafted and passed by the Parliament of India?
Even if the experts endorse your views at the LCI, neither the law would change, nor that can be treated as a verdict if you approach a court of law, as they are not the law making authorities or judges in your case.
SO, WHY UNDUE & USELESS DISCUSSION IS BEING CONTINUED HERE BY YOU? APPROACH THE COURT OF LAW WITH A CASE AGAINST THE PARENTS OF YOUR COUSIN TO GET JUDGMENT IN YOUR FAVOUR.
alexander
(Expert) 17 March 2015
On a very likely ' cooked up' hearsay, this young enamorado has made us lose so much of our collective time and effort.
recently there was a fellow with a bizarre name , possibly assumed, of ALCHEMIST with similar bent of mind
It would be desirable that we nip these types of queries in the bud at the very outset.
pratap
(Querist) 17 March 2015
Thank you so much...
