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Rape on promise of marriage: SC closes case against Allahabad HC order seeking woman's horoscope to ascertain manglik status

Team SoOLEGAL 12 Jul 2023 12:06am

Rape on promise of marriage: SC closes case against Allahabad HC order seeking woman's horoscope to ascertain manglik status

New Delhi: The Supreme Court dismissed the suo motu case against an Allahabad High Court order directing Lucknow University's astrology department to study a woman's kundali to determine whether she was a mangalik.

 

The order was issued by the High Court while hearing the bail application of a man accused of raping a woman under the pretext of marriage.

 

The rape accussed claimed that the marriage could not be performed because the woman was a mangalik. According to Hindu astrology, a mangali or mangalik is a person born under the influence of Mars. Such individuals are said to have mangala dosha, which is thought to be unfavourable for marriage.

 

The High Court's order was later stayed by the Supreme Court.

The advocate for the complainant informed a bench of Justices CT Ravikumar and Sudhanshu Dhulia on Tuesday that the bail plea had been dismissed for non-prosecution and thus the proceedings before the apex court had become infructuous.

Thus, the Supreme Court closed the case and disposed it of.

As the woman's counsel asserted that she is not mangalik, single-judge Justice Brij Raj Singh stated the woman and the applicant to submit their kundalis to the Lucknow University's Astrology department.

The University was instructed to submit a report in a sealed cover within three weeks.

The Supreme Court then started the suo motu case and stayed the High Court order.

It stated that when deciding a bail plea, a court of law cannot enter into the realm of astrology, which is a personal matter of an individual. Instead, the High Court was asked to hear the case on its merits.



Tagged: Rape   Marriage  
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