The Free Press Journal

Nobody can interfere in a marriage: SC

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The Supreme Court on Monday said when two adults marry, no one has the right to interfere. "Whether it is parents, society or anyone, they are out of it. No one, neither individual nor collective, nor group, has the right to interfere with the marriage," said the Chief Justice.He was speaking on a petition filed by a non-profit organisati­on, which has asked for a ban on "khap panchayats" or selfappoin­ted village courts in parts of north India, especially Haryana, which believe it is their duty to protect medieval-era traditions and act like a law unto themselves while "punishing" couples who marry against their families' wishes.

Chief Justice Dipak Misra asked the khap panchayats not to behave like conscience keepers of society, pointing out that a marriage between two adults was governed by the law.

The observatio­n came when a counsel representi­ng a khap panchayat said the court had been encouragin­g inter-caste and interfaith marriages and referred to provisions of the Hindu Marriage Act which prohibit a union between 'sapinda' relationsh­ips or close blood relatives. The lawyer said the khap had been performing its duties as the conscience keeper of society.

"We are on a very fundamenta­l issue. The marriage is between two adults and it is their choice. You cannot take the law into your own hands," the bench said, adding that khaps had "no business" (in such matters).

The bench also referred to several judgements, including the one passed in the sensationa­l Nitish Katara murder case, and said, "Two persons marry. They are adults. The matter ends."

The bench made it clear that whether a marriage was null or void or illegal could be decided by the court as per law. When activist Madhu Kishwar attempted to raise the issue of the recent killing in Delhi of Ankit Saxena, allegedly by his girlfriend's family members, the court said the matter was not before it.

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