SC Rules out Marriage without Consent, says the Woman is at Liberty and Free

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May 09, 2018

In the case, considering the fact that the Petitioner was married off by her parents against her wishes and no consent was taken by her for the marriage the Three-Judge Bench of the Supreme Court headed by CJI Dipak Misra while allowing the Petitioner’s prayer has directed that as the Petitioner is a major she is at liberty to proceed to any place where she desires as per her choice and that there should not be any impediment from any quarters. The aggrieved Petitioner had left Karnataka and escaped to Delhi for protection.

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The Apex Court also directed the State of Karnataka to provide adequate security to the petitioner so that she can travel to Bangalore and if there was any kind of threat perception, she could make a representation to the concerned Assistant Commissioner of Police of the area.

On an earlier hearing of the case, Senior Counsel, Ms. Indira Jaising, appearing for the Petitioner had also prayed for a special statutory provision in the Hindu Marriage Act, 1955 mandating the requirement of taking consent of parties before marriage.

However, the Supreme Court refused to delve into the question of law pertaining to consent but granted interim protection to the 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.

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

The Supreme Court’s order can be accessed here.