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Chhattisgarh HC Declares Cousin Marriage 'Null & Void' Under Hindu Marriage Act 1955 Section 5(iv); Rejects 'Brahma Custom' Claim

Target:UPSC GS-IIMPSCSSC GATeachingPrelims MediumMains HighStatic GK Link
04 May 2026
~2 min
Source: Indian Express
Key Data:April 20, 2018January 14, 2022Section 5(iv) of Hindu Marriage Act 1955Rs 75,000
Bodies:Chhattisgarh High CourtFamily Court
Practice MCQs from today's news ▸
What This Article Covers

1.Chhattisgarh High Court declared a marriage between maternal cousins (children of real sisters) as null and void under Section 5(iv) of the Hindu Marriage Act, 1955.

2.The court rejected the claim of a 'Brahma marriage' custom in the Patel community, ruling that the respondents failed to prove it met the legal criteria of being ancient, continuous, and having the force of law as per Section 3(a) of the Act.

3.The judgment clarifies the legal standard for proving a custom that permits marriage within prohibited degrees, a key concept for Law and Social Justice sections in UPSC Mains and Judiciary exams.

The Big Picture
Prelims · MediumMains · High

The Chhattisgarh High Court has ruled that a marriage between maternal cousins (children of real sisters) is void under the Hindu Marriage Act, 1955. It rejected the defense of a community-specific 'Brahma' custom, setting a precedent on the legal requirements to prove a custom under Hindu law. This case is crucial for understanding the interplay between personal laws, prohibited degrees of relationship, and the burden of proof for customary exceptions.

Exam Lens

Quick Exam Facts From News

Court & BenchChhattisgarh High Court, Justices K Agrawal & Sanjay Kumar Jaiswal
Marriage DateApril 20, 2018
Customary DivorceJanuary 14, 2022
Relevant Act & SectionHindu Marriage Act, 1955, Section 5(iv)

1-Minute Revision

  • ›Court & Bench: Chhattisgarh High Court, Justices K Agrawal & Sanjay Kumar Jaiswal
  • ›Marriage Date: April 20, 2018
  • ›Target this Data: The marriage was solemnized on April 20, 2018, and a customary divorce was granted on January 14, 2022.
  • ›Target this Nodal Body: The Chhattisgarh High Court (Bench: Justices K Agrawal and Sanjay Kumar Jaiswal).
  • ›Target this Legal Point: Section 5(iv) of the Hindu Marriage Act, 1955 (prohibited degrees) and Section 3(a) (definition of custom).

Mastered this topic? Test your knowledge with a full MCQ quiz.

Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which Indian law primarily governs the conditions for a valid marriage among Hindus, as referenced in the Chhattisgarh High Court ruling?

Q2Statement-basedHard

Consider the following statements regarding the Chhattisgarh High Court ruling:

1. The court declared the marriage void as it fell within the prohibited degrees of relationship under the Hindu Marriage Act.

2. The court accepted the 'Brahma marriage' custom of the Patel community as a valid exception to the prohibited relationship rule.

3. The court held that for a custom to be valid, it must be pleaded and proved to be ancient, continuous, uniform, and have obtained the force of law.

Which of the statements given above is/are correct?

Q3Data-centricMedium

According to the news, on which date was the customary divorce granted to the couple by a societal meeting?

Q4Application/ImpactMedium

What was the primary legal reason the Chhattisgarh High Court gave for rejecting the 'Brahma marriage' custom defense?

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