Cousin's get married. Bride's mother and groom's mother are sisters. They (married couple) have the same maternal grandfather and grandmother. While the families are indifferent to this choice, it has caused considerable amount of embarrassment in the immediate family, neighborhood and community as a whole. This couple pops into most of social functions causing a lot of embarrassment to the families. Can any of these sisters get a restrain order from the court? Restraining them (the couple and their lineage) from attending common functions, attempts to interact with previous family members, making moves for reconciliation and buying any property near to their residence? Parents of this couple of become old now and undergo lot of trauma because of re-initiation of discussions bring back those traumatic episodes memory and past happenings.
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Ask the relatives not to call the couple for any family functions
court, would not grant any restraint order restraining the couple from attending family functions
it is not your case that a couple have threatened you, and as such no restraint order will be awarded by court
A restraining order can be sought if the couple’s actions cause specific harassment or mental trauma. Here’s the legal position:
Grounds for Restraint: File a civil suit citing mental trauma to elderly parents, embarrassment caused in social functions, and repeated disruptions. Evidence like incidents, medical records, and witness statements will strengthen the case.
Scope of Order: Courts may restrain them from attending family functions or interacting unnecessarily. However, restrictions like banning property purchases or lineage-related prohibitions are unlikely, as they infringe upon fundamental rights.
Focus: Limit the petition to direct and provable harm for better chances of relief.
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There's no provision in law to get any restrain order in this regard.
You can ignore seeing them or talking to them either personally or in social gatherings.
Their marriage falling under sapinda is no doubt invalid but how can you rectify this error.
Their marriage is invalid under Hindu Marriage Act, parties being within prohibited relationship and sapindas to each other. Any one can file a petition in family Court and get the marriage declared invalid. But Court cannot pass any restrain order you are asking for.
Dear Client,
In India, marriages between Sapindas (blood relatives) are generally prohibited under Section 5(v) of the Hindu Marriage Act, 1955 unless custom permits it. If the marriage violates this provision and the partiescontinue to act with family and the community, resulting in embarrassment or distress, aninjunction may be sought on thesegrounds. Courts are not likely to give a blanket restraining order prohibitingthe couple from attending social functions, interacting with family members, or buying property near relatives since these requests may bein contravention of their fundamental rights.
Relief sought: The aggrieved family members can file a civil suit under tort law for causing mental harassment, seeking a restraint from the court onspecific actions directly impactingtheir lives. A restraining order shouldbe confined to conduct that causesserious and tangible harm, such as trespasses on private property or repeated harassment. The court will determine whether the couple's conduct is a concrete legal injury morethan mere embarrassment or community disapproval. Moreover, the suffering of elderly family members can be emphasized to makethe case for a targeted restraining order against unwanted and repeated disturbances.
Mediation or counseling could be considered for better results before litigation because courts prefer an amicable settlement of family disputes. It would be advisable to consult a family law expert who woulddraft the petition with caution,keeping in view the specific circumstances.
You need to file the same and get the marriage null and void
This marriage falls within prohibited degree and hence not recognised by the law of the land.
However that status doe snot make this marriage a criminal offence.
In such case they can not be restrained by the court of law from attending social gatherings.
In such case it is better to avoid attending those events where there persons are also invited.
If I file for civil suit, is there anytime limit it would need to be done? Like within so many years of marriage? Also, what are the repercussions of marriage getting declared invalid by the court? Can they still continue to stay to together?
The supreme court held that the choice of a partner in a marriage can be subject to regulation. With this in mind, the court held that the petitioner did not present any “cogent legal ground” to show that the prohibition against sapinda marriages was violative of the right to equality.
A third party can file a civil suit to challenge the validity of a marriage.
The court can declare a marriage void if it violates Section 5(v) of the HMA and there is no established custom that permits the marriage.
The time taken for disposal of suit for declaration to declare the marriage as invalid will depend on the challenge made by other party and various other factors.
Even if marriage is declared as void they can stay together in a live in relationship
No time limit for filing suit
You should file it within 3 years of the knowledge. But its always better to file asap
In India, there is no specific time limit prescribed for filing a civil suit challenging the validity of a marriage, but it's generally advisable to file the suit as soon as possible to avoid issues related to delay. If the court declares the marriage invalid, the consequences depend on the grounds of the declaration. If the marriage is declared void, it is treated as if it never existed, and the couple would no longer be considered legally married. However, they can still choose to continue living together, but their relationship would no longer have any legal recognition. The invalidity of the marriage does not automatically affect their living arrangements unless there are specific legal consequences tied to their cohabitation. It’s crucial to consult with a legal professional to fully understand the implications of such a suit. I recommend booking a consultation to discuss the matter in detail and explore the best course of action for your case.
Even though sapinda marriage is void but the parents of the couple's parents have no locus to seek an injunction to prevent them from participating at social gatherings. Nothing prevents the parents of couple to snap their social relations with the couple but they cannot be injuncted from participating in social functions.
