Family/community/clan’s consent not necessary for wedlock of two adults: Supreme Court

family consent required

Family/community/clan’s consent not necessary for wedlock of two adults: Supreme Court

In the case of Laxmibai Chandaragi B & Anr. v. The State of Karnataka & Ors., A couple approached the Supreme Court alleging that the Investigating officer was forcing the woman to come back to Karnataka by threatening to lodge a complaint against the husband.

Further, it was also stated that the police officer refused to close ‘missing persons’ FIR lodged by the father of the woman even after he came to know that she had married a person and is staying with him.

The Bench, in the judgement, criticized the actions of the police officer and observed that the Investigating officer should have conducted himself much more responsibly in closing the complaint and if he really wanted to record the statement instead of putting her under threat of action against her husband to come to the police station. The Court, then, quashed the FIR and suggested the father of the woman to accept the marriage and re-establish the social interaction with his daughter and son-in-law.

The Court further directed the Police authorities to lay down some guidelines and training programmes on handling such socially sensitive cases like those arising out of inter-caste or community marriages. 

The court also observed that the consent of the family or the community or the clan is not necessary once two adult individuals agree to enter into a wedlock.

1200 675 Charul Mishra
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Charul Mishra

Charul Mishra

I am a News Analyst at LexForti Legal News

All stories by : Charul Mishra
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Charul Mishra

Charul Mishra

I am a News Analyst at LexForti Legal News

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