Cuttack: The Orissa High Court observed that forcing a girl into marriage against her will is not conducive to a healthy society, while permitting a girl, forced into marriage by her parents, to live independently, away from both her husband and parents. The Court also directed the police to ensure her safety and security.
The Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman directed the state to conduct sensitisation programmes to educate parents against imposing their decisions on adult children.
“A time has come when the society would introspect when the girls are forced to marry by the parents. The decision of the girl is paramount and her consent should be obtained before any such decision is taken by the parents,” the Bench said.
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The married woman was brought to the Court by Kakatpur police during the hearing. The judges interacted with the lady who disclosed about her forced marriage and incongruence to stay in a marital life. She also conveyed her wish to live independently away from both parental and matrimonial homes.
She stated clearly that she did not wish to live with either her husband or her parents, as she is gainfully employed and self-reliant. She emphasised that, being a major, she is fully capable of making her own decisions.
Hearing the girl’s version, the Court expressed disappointment over the existing state of affairs where parents often impose their whims on children, especially daughters, and force them to undergo marriage without consent.
The Court unequivocally held that the decision of a major girl is paramount and she cannot be given in marriage by parents without her consent. The Bench directed the police to ensure the girl’s safe return to her place of residence and to prevent any interference or obstruction from any party, including her parents or the so-called husband.
“We respect the decision of a major girl,” the Court stated in its order. The police shall ensure the safety and security of the said girl at her place of abode and shall immediately take steps in the event any incident is reported to them, the Court further directed.
