Marriage without consent: SC wants security for Karnataka woman
Supreme Court today asked 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, also sought striking down of certain provisions of the Hindu Marriage Act on the grounds that consent of the bride/groom has not been made mandatory in law.
The bench will treat plea as habeas corpus
A bench comprising CJI Dipak Misra, AM Khanwilkar, and DY Chandrachud said it would treat it as a habeas corpus plea and wouldn't deal with the constitutionality of certain provisions of Act as sought by senior advocate Indira Jaising, who was representing the woman. The bench observed Section 12C of Act provides for annulment of the marriage if there is forced or fraudulent consent.
Identity of woman and her family not revealed
Court agreed with the contention that the identity of the woman and her family members, who forced her into the marriage, not be 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. During the hearing, Jaising said, the woman has been forced into marriage and seeks protection.
