May 8,2018:
SC Bench added that, “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.”
On Monday, Supreme Court allowed an influential Karnataka politician’s daughter to break free from the matrimonial and parental ties and live her life the way she chose to. The 26-year-old woman had fled home complaining that she was forced into marriage against her wish.
Politician’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 Delhi Commission for Women, she was given Delhi Police protection.
Senior Advocate Indira Jaising appearing on behalf of the woman submitted that she wanted to return to Bengaluru and pursue her masters in engineering.
To this, Apex Court Bench headed by CJI Dipak Misra and Justice A M Khanwilkar and Justice D Y Chandrachud replied the woman, “You are an adult. You can go wherever you want and pursue whatever you wish to.”
Indira Jaising further added that the woman feared reprisals from her parents and husband.
She stated that,“Her brother, supported by her mother, had threatened to rape her,” while seeking protection against any tyrannical action from the parents or in-laws.
Appearing for the parents, Senior Advocate Basava Patil submitted that, "There would be no coercive action against 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.
Apex Court has asked the parents to hand over documents to her through Advocate-on-Record Sunil Fernandes.
SC Bench dismissed Senior Advocate Jaising’s argument that since the woman had not consented to the marriage, SC must declare it a ‘void marriage.’
SC Bench stated that the woman, if she wanted to annul her marriage, must move Family Court, this Court could not declare a marriage void without the woman initiating proceeding.
Woman had 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 complaints to the police and clearly conveying to the groom she did not want to marry him and had a lover.
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