SC on Necessity to Obtain Consent for Marriage u/Hindu Marriage Act

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April 13, 2018

The Supreme Court on Wednesday was confronted with an interesting issue wherein the Petitioner questioned the Apex Court with respect to absence of any statutory provision for necessity to obtain valid consent under the  Hindu Marriage Act, 1955. In the case, the Petitioner alleged that she was married off by her parents against her wishes and no consent was taken by her for the marriage. Aggrieved by the same she left Karnataka and escaped to Delhi for protection.

Senior Counsel, Indira Jaising appeared in the case on behalf of the Petitioner contended that there was lack of clarity in  Hindu Marriage Act, 1955 with respect to requirement of taking consent of parties before marriage and that there was no declaration in the Statute stating that valid consent of parties is requisite for marriage.

The Supreme Court in the case for the time being refused to delve into the question of law pertaining to consent, however it granted interim protection to the aggrieved Petitioner.

The Bench in the case also stated that the  Hindu Marriage Act, 1955 stipulates that if consent for marriage is obtained by fraud, then the same is null and void and the same sufficed the purpose of necessity of consent for marriages.