Forced marriage: Supreme Court lets minister's daughter cut ties with parents and husband
NEW DELHI: Giving primacy to free will, the Supreme Court on Monday allowed an influential Karnataka po itician’s daughter to break free from matrimonial and parental ties and live her life the way she chose to. The 26-year-old woman had fled home compning that she was forced into marriage ag inst her wish.
In a drtic act, the po itician’s daughter, referred in SC records as ‘X’, had left her parents’ home in Gulbarga for Delhi 20 days after being tortured into marrying a man instead of her lover. Within hours of moving the SC while under care of the Delhi Commission for Women, she was given Delhi Police prection.
When the woman, through her counsel Indira Jaising, said she wanted to return to Bengaluru and pursue her masters in engineering, a bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said, “You are an adult. You can go wherever you want and pursue whatever you wish to.”
这名女性通过她的律师英迪拉·詹辛表示，她想回到班加鲁继续攻读工程硕士学位，首席法官迪帕克·米斯拉和法官A M 可汗维卡和D Y 昌德拉楚德说:“你已经成年。你可以去任何你想去的地方，追求你想要的任何东西。”
But Jaising said the woman feared reprisals from her parents and husband. “Her brother, supported by her mother, had threatened to rape her,” the counsel said and sought prection ag inst any tyrannical action from the parents or in-laws. The bench ordered, “She can go to any place she desires to. Parents or any family member of X, the husband or his family members, cannot create any obstacle in the path of the woman.”
Appearing for the parents, senior advocate Basava Patil told the court that there would be no coercive action ag inst the woman from the parents or other family members and that all her belongings, including educational certificates and documents, would be handed over to her. “She need not apprehend anything. There will be no interference with her life from the parents. All things she desires will be given back to her,” Patil assured. The SC asked the parents to hand over documents to her through advocate-on-record Sunil Fernandes.
However, the bench dismissed Jaising’s argument that since the woman had not consented to the marriage, the SC must declare it a ‘void marriage.’ The bench said the woman, if she wanted to annul her marriage, must move the family court It said the apex court could not declare a marriage void without the woman initiating proceeding.
On Jaising’s plea that the woman feared for her safety in Bengaluru because of the influence wielded by her father, the bench said if she had any apprehension, she would be free to approach the area assistant commissioner of police, who would take appropriate measures to give her prection.
The woman alleged she was physically and mentally tortured by her parents and her brother into the marriage on March 14. The marriage took place despite her compnts to the police and clearly conveying to the groom she did not want to marry him and had a lover.
Anantharn Subrnian-CHENNAI-2 hours ago
As directed by the supreme court Ms X should live her life the way she wants to. But how the police in KARNATAKA could allow the marriage to be performed in spite of her giving compnt about the forcible marriage she did not want ? Looks as if the police is very much under the influence of the Big Minister. The doubt arises why the Commissioner of Police to whom Ms X could ask for security, also would not be influenced by the Minister. It would be better for Ms X to continue her studies in other metros which would be safe.
Atul Arora-3 hours ago
SC should give justice to Jasodhaben. FEKU ran away from her. No divorce, maintenance, or alimony. The Coward just Ran away to Join Chaddi Gang RSS.
saksh-3 hours ago
SHE WILL BE KILLED,,, THAT IS POWER OF POLITICIAN IN INDIA,,, ALL CRIMINALS AND GOONDAS , ITS BETTER SHE GET A JOB IN SOME OTHER COUNTRY,,,, AND WHY NOT NAME HE POLTICIAN HEHEHHEEH
Avinash Rangra-2 hours ago
Why is the Court feeling obligated to hide the name of this influential minister under a veil of secrecy?. Is it not a denial of justice? What if her family was ordinary? Will the Court still keep it secret?
antony george-2 hours ago
SC should also take action on the police who did not give her prection despite her compnt. Anyways, she taught these so-called family and self-appointed prectors of culture a good lesson. Hats off.