Business Standard

SC no to declaring marriage without bride's consent void

IANS  |  New Delhi 

The on Wednesday refused to declare that a marraige performed without the woman's consent was void as it issued notice on a plea by a woman seeking of her

A bench of Dipak Misra, Justice and Justice said: "We can't give a declaration that the petitioner's performed without her consent is void."

It asked to give her protection during her stay in the city as she said she was married in the of an and there was threat to her life.

As said that in the Hindu Act, there was no provision for providing the bride's consent, the bench -- referring to its judgment in a 'love jihad' case wherein it said that a marriage can't be annulled in a habeas corpus petition -- said it did not want to go into whether the marriage was performed without the woman's consent and against her wishes.

Having made clear that it would not go into the validity of the marriage, the court said this was for a court to decide and directed police protection for her.

The petitioner challenged the constitutional validity of Sections 5(ii) and 7 of the Hindu Marriage Act, 1955, saying they "fail to prescribe/stipulate free, fair, valid prior consent of the parties to a marriage".

Stressing that she was not opposed to the customary rites and rituals allowed under the Act, she said the Sections are in violation of the Constitution's Articles 14 and 21, arbitrary and discriminatory in nature.

The petitioner - who has a degree and is pursuing M.Tech - said her fundamental right to choose her life partner has been "brazenly trampled by her members, who coerced, threatened, blackmailed, harassed, pressurized, abused, compelled and tricked her into getting married against her wishes and free consent".

Narrating the ordeal, she said she was made to believe by her family that her reluctance to get married would cost her father his political ambitions and was threatened by her own brother of rape, acid attack and murder.

She said she was assured by her family that her marriage would be brought to an end soon and then she would be free to marry any person of her choice.



(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Wed, April 11 2018. 20:26 IST