Consent Of The Bride Must Under Hindu Laws

Published on 12 Apr 2018 by Shivi

The Supreme Court has refused to entertain a petition to declare that a Hindu marriage entered into without the consent of the bride is invalid. On Wednesday, the court stated that the bride's consent to a marriage is inherent to Hindu marriage laws.

A plea was filed by the daughter of a Karnataka politician, who stated that she was forced into getting married against her will. She fled to Delhi and is now getting the help of the Delhi Commission for Women. She approached the Supreme Court and asked the court for protection.

The three-judge bench comprising of Chief Justice Dipak Misra, Justice D.Y. Chandrachud and Justice A.M. Khanwilkar also stated that a marriage that takes place without the consent of the bride is subject to nullification. Also, a marriage entered through fraud with the bride is to be considered similar to a marriage without the consent of the bride.

The apex court also expressed that the Hindu Marriage Act is built on the principle that forceful or fraudulent marriage held without the woman's voluntary consent is invalid.

Justice Chandrachud highlighted the requisite provisions of the Hindu Marriage Act that lay down that the consent of the bride is a precondition to a valid marriage. CJI Misra also stated that a woman who is forced into a marriage can choose to take a civil action against her forced marriage.


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