"Can Go Wherever You Want": Top Court To Karnataka Politician's Daughter

Elias Hubbard
Мая 8, 2018

The bench, also comprising of judges, Justice A M Khanvilkar and Justice D Y Chandrachud, upheld her request and said that the lady can not be forced to be bound by a marriage for which she was not agreeable, and that she is free to lead her life as per her wishes.

"You are a major". She also requested protection to be able to study and work in Bengaluru. To which, the bench said, "Parents or any family member of X, the husband or his family, can not create any obstacle in the path of the woman".

The judgement was passed last April by a Bench comprising Justices AK Sikri and Ashok Bhushan in the case of Nandakumar v. the State of Kerala. The top court intervened, said her marriage was valid and said she could live with her husband.

With hours of moving the Supreme Court while under care of the Delhi Commission for Women (DCW), the politician daughter was given Delhi Police protection. "Such a marriage is not a void marriage under the Hindu Marriage Act, 1955, and as per the provisions of section 12, which can be attracted in such a case, at the most, the marriage would be a voidable marriage".

"We can deal this petition as habeas corpus petition only". The woman alleged she was tortured by her parents and her brother into the March 14 marriage.

After the court's order, her family assured the judges that they wouldn't harass her and would give her the documents. The SC further clarified that the court is not in a position to interfere with a marriage of two consenting adults.

The girl expressed her interest in returning to Bengaluru and pursuing her masters in engineering, but feared tyrannical action from her parents and husband's family.

Prohibiting consensual adult couples from exercising their right to live together aided by the state courts, law enforcement officers and with the khaps acting as moral guardians, marks the failure of a democratic society where individuals have autonomy in their decisions. The 26-year-old had left her parent's home after being forced into marriage with a man of her parents' choice instead of her boyfriend.

This is unedited, unformatted feed from the Press Trust of India wire.

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