Woman’s consent paramount in marriage decisions: Orissa High Court

The Orissa High Court has delivered a significant judgment underscoring that a woman’s consent is paramount in any decision related to her marriage, and that parents must seek her approval before taking such decisions.

The observation came during the hearing of a habeas corpus petition linked to a case from the Kakatpur area. In this case, a father had approached the Court alleging that his daughter had gone missing after her marriage. While examining the matter, the High Court made strong remarks on the issue of forced or imposed marriages.

The Court held that before taking any decision regarding a daughter’s marriage, it is absolutely necessary for parents or guardians to obtain her consent. The judges observed that when a woman is not willing or prepared for marriage, using external pressure or force to marry her is not conducive to a healthy and progressive society.

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Emphasising individual autonomy, the High Court stated that the mindset of guardians imposing their own decisions on their children is problematic and must be addressed. The Court noted that the administration has a responsibility to create awareness and discourage such practices.

The High Court further stressed that the decision of an adult woman must be respected. This important ruling was delivered while hearing the Kakatpur-related case.