New Delhi: Hearing a plea related to inter-caste marriage, the Allahbad High Court observed that even after 75 years of Independence, Indian parents are reluctant to get their children married off in another caste.
A single-judge bench headed by Justice Rahul Chaturvedi, it said, “The court after hearing the parties, records its deepest anguish, whereby this social menace is so deep rooted that even after 75 years of independence, we are fighting the cases with his opponents on this score only.”
The bench was hearing a joint plea moved by a couple seeking quashing of the chargesheet accusing the husband of kidnapping and forcefully marry the woman.
Further the bench noted that the father of the victim was still proceeding with the case due to the “inter-caste marriage” and overlooking the fact that the woman married the accused with her own consent. The two were blessed with a baby boy in 2022.
The court noted that, “This is the clear case of our society’s dark face, where the families still feel shy to get their son or daughter to marry inter caste.”
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Woman belongs to OBC while man has SC background
In the instant case, the victim belongs to Other Backward Class (OBC) community whereas the applicant boy is from SC caste and out of sheer love and affection, they decided to marry at their teenage.
The couple’s counsel submitted that only legal impediment in the case is that the woman was 17 years old at the time she eloped.
The court said the father should have taken the case back for better and bright future of the couple.
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Mafat Lal v State of Rajasthan
Relying on the judgement of Supreme Court in Mafat Lal v State of Rajasthan, the court noted that an offence under Section 366 IPC would be attracted only when there is a forceful compulsion of marriage by kidnapping or by inducing a woman.
The court posted the matter on Aril 28 for further hearing.
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