Consent already manifest in Hindu Marriage Act; No interference warranted: SC

Supreme Court: The Bench of Dipak Misra, CJ and AM Khanwilkar and Dr. DY Chandrachud, JJ refused to interfere with the provisions of the Hindu Marriage Act, 1955 when a 26-year-old Karnataka woman sought direction to make prior consent of a boy or a girl mandatory before marriage under the Hindu Marriage Act. The Court said that the concept of consent is already present in the Act and it does not warrant the interference of the Court. The bench observed that the Section 12C of the Hindu Marriage Act provides for annulment of marriage if there is forced or fraudulent consent.

The woman, who is the daughter of a Karnataka politician had fled to Delhi from her wedding ceremony as she did not approve of the marriage. The Court said that it would treat this petition as a habeas corpus plea and would not deal with the constitutionality of certain provisions of the Act as sought by senior advocate Indira Jaising, who was representing the aggrieved woman.

Though the Court refused pass the directions sought by the woman, it asked the Police to provide security to her. The court directed the superintendent of police concerned to serve notice on the respondents and fixed the matter for further hearing on 5 May.

Source: ANI

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