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Supreme Court refuses to declare Hindu women's marriage void on the ground of non consent

Team SoOLEGAL 12 Apr 2018 3:20pm

Supreme Court refuses to declare Hindu women's marriage void on the ground of non consent

New Delhi: In a case which may not have many precedent, the SC while hearing a plea by a Hindu woman from Karnataka to declare her marriage void as her consent was not taken, refused to entertain her plea and said it can't initiate a debate on how a Hindu woman should express her consent for marriage. However it said, under the Hindu Marriage Act it is clear that consent obtained by fraudulent means would serve as grounds for the marriage to be annulled.

The bench led by Chief Justice Dipak Misra asked the centre to provide protection to the girl as she alleges to have been forcibly married by her family on March 14.She fled from in-laws place three days after marriage and asked for court's protection.

Indira Jaising, the senior counsel representing the girl questioned the validity of the provisions in the Hindu Marriage Act, which consider only insanity and unsoundness of mind as grounds to nullify valid consent. She told the court that the girl was from the beginning against the marriage and informed both her parents and the bridegroom. Her lack of consent was ignored and overlooked.

Jaising wanted SC to give a ruling which clarified that consent for a marriage would mean no consent unless it is free and valid consent, expressed explicitly by a woman at the time of her wedding. But court refused to get drawn into new controversy.



Tagged: SC   Hindu Marriage Act   Centre  
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