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इंडियन आवाज़     22 Oct 2018 04:11:41      انڈین آواز
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SC asks Govt to give protection to woman forced into marriage without consent

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Our Correspondent / NEW DELHI

The Supreme Court today asked the Centre to grant protection to a Karnataka woman who alleged that she has been married off without her consent.

The woman, who is presently in Delhi and being assisted by Delhi Commission for Women, has also sought striking down of certain provisions of the Hindu Marriage Act on the grounds that the consent of the bride or the groom has not been made mandatory in the law.

A bench comprising Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud 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 the aggrieved woman’s counsel.

The bench observed that the Section 12 C of the Act provides for annulment of marriage if there is forced or fraudulent consent.

The court agreed with the contention that the identity of the woman and her family members, who had forced her into the marriage, be not revealed.

It directed the Superintendent of the Police concerned to serve notice on the respondents and fixed the matter for further hearing on May 5.

COMMENTS

Hindu woman approaches SC to seek clarity on Hindu Marriage Act. She wanted that there should be a provision of consent from both bride and groom at the time of marriage.

But SC refused to intervene in this issue. SC said already there is a provision that if consent is obtained in a fraudulent manner then it can be ground to annul the marriage. The woman may approach local court to annul her marriage.

The girl alleged that she was forcibly married to a boy from same community. But she wanted to marry a boy from another community.

SC asked her to get the marriage invalid from local court.

However SC gave her police protection as she feared for her life from her parents.

The woman approached Supreme Court seeking prior consent of the couple at the time of marriage. As per hindu marriage act, no consent is required.

This scheduled caste girl was forcibly married to a boy from same community. But she ran away from the marriage because she loved an OBC boy. Parents were opposed to her love. She got married 15 days back.

Post script — she will run around local court to get divorce. SC gives instant justice only to a few women. EHTESHAM KHAN

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