Consent Of Family, Community Or Clan Not Necessary Once Two Adult Individuals Agree To Enter Into Wedlock: Supreme Court

12Feb,2021

Consent Of Family, Community Or Clan Not Necessary Once Two Adult Individuals Agree To Enter Into Wedlock: Supreme Court

Once two adult individuals agree to enter into a marriage, the consent of the family or the society or the clan is not required, the Supreme Court observed. The bench consisting of Justices Sanjay Kishan Kaul and Hrishikesh Roy noted that the idea of "class honour" or "group thinking" is not supposed to succumb to such a right or option to marry. The court also specified that guidelines and training programs on how to deal with 'socially sensitive incidents' should be formulated by the police authorities.
After eloping and marrying a guy, a father of a girl filed a 'missing persons complaint' without telling him. The Investigating officer demanded that the girl should appear before the Murgod police station to record a statement so that the case can be closed, even after knowing their whereabouts and the fact of marriage. Faced with this, the couple approached the Supreme Court, arguing that IO is asking the girl to come back to Karnataka because otherwise, at the request of her family members, they would come to her and lodge a case of abduction against the husband. The investigative officer must be sent for guidance on how to treat such situations, while criticising the IO's actions in following these methods, the bench said.
The Court, thus observing, quashed the FIR. We hope that the girl's parents will have a better sense of accepting the marriage and re-establishing social contact not only with her but with her husband as well. That's the only way forward, in our opinion, "We hope that the parents of girl will have a better sense to accept the marriage and re-establish social interaction not only with her but even with her husband. That, in our view, is the only way forward."