The Supreme Court on Wednesday refused to entertain a married woman’s petition to declare her lawful marriage under the Hindu Marriage Act as null and void on the ground that she never consented for the marriage that she claimed was conducted under the threat and pressure of her family. Her father is an influential politician of Karnataka.
Faced with a plea that presented quite the reverse situation to the one as in the love jihad case where the apex court reunited Hadiya with her husband Shafin Jahan, the same bench headed by Chief Justice of India (CJI) Dipak Misra was reluctant to entertain the issue.
The bench, also comprising Justices AM Khanwilkar and DY Chandrachud told senior advocate Indira Jaising, who presented the petition for the woman, that the Hindu Marriage Act (HMA) provides that if a girl does not consent, she can file a suit to annul her marriage. Jaising said that the Act does not expressly state so nor does any court decision lay down this rule. The bench contested this position by referring to several provisions from the HMA which held that a valid marriage presumes consent as it can be invalidated if the girl is incapable of giving consent due to unsoundness of mind.
The bench said, “A consent not validly given will stand on the same footing as a consent obtained by fraud to initiate a civil suit to annul the marriage.”
The bench said its jurisdiction will begin in a habeas corpus petition where a girl is being forcibly taken away or somebody has captured her. This was the case in Hadiya where she was kept against her wish by her father and removed from the company of her husband despite having consented for marriage. The Court further pointed out that in the present case, there was no cause of action either as a question of law will only arise after a decision is rendered by the trial court.
The Court also issued notice to the Karnataka Police and her family members whose identity and address was supplied by the petitioner to the Court in a sealed envelope.
The bench will consider on May 4 on ensuring her a safe passage to her matrimonial house.