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The Delhi High Court has dismissed a petition filed by a man against his son's marriage to her cousin and imposed a fine of Rs 10,000 on him for filing frivolous suit. Holding the marriage of cousins as legal, Justice Suresh Kait held, 'Cousins born in Hindu community can marry each other after converting to Christianity.' The petitioner, O P Gogne, is a retired judge and had filed a petition against his magistrate son, who married his maternal uncle's daughter after conversion. 'Respondents (couple) have rightly converted as per the Section 3 of the Indian Christian Marriage Act. Therefore, after conversion into Christianity, the marriage does not fall under the 'sapinda' relationship (which is prohibited under the Hindu Marriage Act),' Justice Kait said. Pulling up the petitioner, who is a practising lawyer now after retiring from Delhi judicial services for filing a frivolous case against his son, who is a sitting magistrate in a city court, the High Court imposed a fine of Rs 10,000 on him. 'This type of thinking is spoiling the broad thinking of new generation and at times it leads to honour killing,' the judge remarked. Upholding the son's wedding as valid, the High Court said the accused, who is a magistrate, being a government servant, has not committed any offence. 'If the courts start supporting this type of issues, they would amount to support the 'khap' dictate. The courts are not meant to gratify the feelings of personal revenge or vindictiveness or to serve the ends of a private party.' The High Court said, 'The petitioner, being a retired judicial officer, should have been more careful while indulging in such type of frivolous case. Thus, he has unnecessarily wasted the time of the courts,' Justice Kait said and asked him to deposit the money with the Advocates Welfare Fund, Bar Council of Delhi. |
| SOURCE: UNI |
