New Delhi: The Delhi High Court has said that cousins born in Hindu community can marry each other after converting to Christianity as it dismissed a plea of a
retired judge 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)," said Justice Suresh Kait while upholding the marriage.
Pulling up the father for filing case against his son, the high court recently said, "This type of thinking is spoiling the broad thinking of new generation and at times it leads to dishonor killing.
"If the courts start supporting this type of issues, they would amount to support the `khap` dictat. The courts are not meant to gratify the feelings of personal revenge or vindictiveness or to serve the ends of a private party."
The court imposed a cost of Rs 10,000 on OP Gogne, currently practicing as a lawyer after retiring from Delhi Judicial Services, for filing "frivolous case" against his son who is a sitting magistrate in a city court.
"The petitioner (Gogne) 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," Kait said and asked him to deposit the money with
the Advocates Welfare Fund, Bar Council of Delhi.
The court said the magistrate has not committed any offence, being a government servant.