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Consent of bride must as per Hindu Marriage Act: Supreme Court

The bench averred that the Hindu Marriage Act inherently assumes a forceful marriage or a fraudulent one, held without the woman's voluntary consent, invalid.

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Maintaining that the bride's consent to a marriage is inherent to Hindu marriage law, the Supreme Court on Wednesday refused to entertain a plea to declare that a Hindu marriage entered into without the consent of the bride is invalid. The apex court added that there is no need for a judicial declaration when the statute itself is amply clear.

"A marriage that takes place without the consent of the bride is subject to nullification of the marriage... A marriage entered through fraud on the bride stands on the same footing as when there is no consent," Justice DY Chandrachud, who is part of a three-judge bench comprising Chief Justice of India Dipak Misra and Justice AM Khanwilkar, observed.

The bench averred that the Hindu Marriage Act inherently assumes a forceful marriage or a fraudulent one, held without the woman's voluntary consent, invalid.

The top court was hearing an urgent plea filed by the daughter of an influential Karnataka politician, who alleged that she was forced into a marriage against her will.

She fled to Delhi and is now under the "advice" of the Delhi Commission for Women. She then approached the top court and sought protection while highlighting the plight of women who are married forcefully against their will.

While according protection to the woman, the top court refused to entertain prayers in the petition. If the woman did not want to return to her in-laws', no one could compel her, the court observed.

Represented by senior advocate Indira Jaising and Sunil Fernandes, the woman contended, "There is no clear provision in the Hindu Marriage Act that a woman should give her consent to a wedlock."

As Jaising sought a declaration from the court suggesting a bride's consent should be part of a valid marriage, Justice Chandrachud pointed to relevant sections of the Hindi Marriage Act, which stipulated "consent" of the bride as a pre-condition to a valid marriage.

CJI Misra then added that women who were forced into a marriage can initiate civil action in the appropriate court. CJI Misra reminded the court of the recent April 9 judgment in the Hadiya case, where it had castigated the Kerala High Court for nullifying a marriage in a Habeas Corpus petition.

Now, the Supreme Court cannot be expected to nullify a marriage in a Writ petition, he said. The apex court suggested that it would be appropriate to approach a civil court, which would look into the facts of the case and then take the decision to nullify a marriage.

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