38.6c New Delhi, India, Tuesday, June 18, 2024

No one can interfere in the marriage of two consenting adults: SC

By LawStreet News Network      05 February, 2018 01:23 AM      0 Comments

The Supreme Court today hearing a writ petition filed by NGO Shakti Vahini regarding the offence of honour killings, has said that Where two consenting adults agree to enter into matrimony, no individual rights, group rights or collective rights shall interfere therein or harass the couple.

The Bench comprising Chief Justice Dipak Misra, Justice D.Y. Chandrachud and Justice A. M. Khanwilkar has reaffirmed that the Khap Panchayats have no right to become conscience keepers of the society.

The Advocate, appearing for the Khap Panchayats had sought to submit The Khap Panchayats encourage intercaste and inter-religion marriages. Because of the skewed sex ratio in Haryana, as many 2.5 million local boys have married in other states. What the Khap Panchayats are opposed to is intra-gotra marriage. Say, I am a Hooda; it is an age old tradition that a Hooda shall not marry another Hooda. They are deemed to descend from a common ancestor and hence, are siblings. Even section 5 of the Hindu Marriage Act, 1955 prohibits marriage between Sapindas, which is calculated as within 5 degrees of relations from the fathers side and 3 degrees on the mothers side. Scientifically also it has been proven that such marriages have a disastrous impact on the genetics of the children.

But the Bench refused to change its stand and remarked that we are not concerned with the sapinda or gotra. We are only interested in the decision of two adults to get married. If any issue arises in respect of the marital status or property, the court shall be entitled to decide the same. The children may be legitimate or illegitimate, that may be for determination in a partition suit. Similarly, even the marriage may be null and void. But you keep out of it. No third party shall interfere. We have already made our stand thereon clear in Vikas Yadav v. State of UP.

Share this article:

User Avatar

Leave a feedback about this

Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
Trending CelebStreet
Arrest warrant against Tamil film 'Bhaskar Oru Rascal' producer for non-payment of dues

Arrest warrant issued against Tamil film producer for non-payment of dues of Rs. 65 lakhs+ to actor Arvind Swami.

17 June, 2024 06:10 PM


Trending Crime, Police And Law
BJP workers stabbed near village Masjid, for celebrating PM Narendra Modi's victory by raising 'Bharat Mata ki Jai slogan'

BJP workers stabbed near village Masjid in Karnataka for celebrating Narendra Modi's third term as PM.

12 June, 2024 12:11 PM
Trending Executive
Meghwal assumes charge as Minister of State (Ind) in Law & Justice Ministry

Arjun Ram Meghwal assumes charge as Minister of State (Independent Charge) for Law & Justice, focusing on speedy justice and awareness of new criminal laws.

12 June, 2024 12:39 PM
Trending Judiciary
Allahabad High Court quashes FIR, grants protection to adult couple who married against family’s wishes [Read Order]

Allahabad High Court quashes FIR, protects couple who married against family’s wishes, emphasizing their constitutional rights and condemning threats to their lives.

12 June, 2024 02:00 PM
Trending Judiciary
'Inform on action taken against tanker mafia,' SC asks Delhi govt on water crisis

SC demands Delhi govt to explain action against tanker mafia amid water crisis, heatwave in the capital. Affidavit required on measures taken by June 13.

12 June, 2024 03:52 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email