Go where you want: SC lets K'taka min daughter cut ties with family, husband

New Delhi: The Supreme Court on Monday allowed the daughter of an influential politician in Karnataka, who was forced to marry against her wishes, to go anywhere she wants and chase her studies and career. The court also asked the state police to provide her adequate security.

The 26-year-old woman had fled home complaining that she was forced to marry against her wishes. The apex court asked her to break free from matrimonial and parental ties and live the way of life she chose to.

"You are a major. You are independent to go wherever you want to go and pursue whatever you wish to," said a bench headed by Chief Justice of India Dipak Misra on Monday, adding that nobody, including her family or her husband, can force or coerce her.

Read: Marriage without consent: SC allows Karnataka woman to stay away from husband

The daughter of a politician from Karnataka and a computer engineer dubbed 'X' in the case, had asked the court to set aside her marriage, which, she said, she had never consented to. She also requested protection to be able to study and work in Bengaluru.

Senior lawyer Indira Jaising, who is representing the woman, told the Supreme Court that all her documents, including educational certificates, Aadhaar card and passport, are with her parents.

After the court's order, her family assured the judges that they wouldn't harass her and would give her the documents.

Jaising has told the top court that the woman will begin the divorce proceedings.

Jaising also said the woman feared reprisals from her parents and husband. “Her brother, supported by her mother, had threatened to rape her,” the counsel said and sought protection against any tyrannical action from the parents or in-laws. The bench ordered, “She can go to any place she desires to. Parents or any family member of X, the husband or his family members, cannot create any obstacle in the path of the woman.”

The woman was forced to marry against her wishes on March 14. She had left her parent’s home in Gulbarga for Delhi 20 days after being tortured into marrying a man instead of her lover.

After arriving at Delhi, the 26-year-old woman sought the protection of the Supreme Court, saying her fundamental right to choose her life partner had been "trampled by her family members, who in connivance with each other, have coerced, threatened and tricked her into getting married to the man, against her wishes and free consent".

The woman had said her family's conduct suggested a lead-up to 'honour killing' - killing over family honour - as she wanted to marry to a person outside her caste.

The woman alleged that she was forced to discontinue her studies in January this year as her parents forced her to marry against her wishes.

With hours of moving the Supreme Court while under care of the Delhi Commission for Women (DCW), the politician daughter was given Delhi Police protection.

The apex court earlier this year had said it would not interfere in an adult’s decision to marry a partner of his/her choice. This was in regards to the Hadiya case, were a Kerala woman converted to Islam to marry a Muslim.

Hadiya’s father persuaded the Kerala High Court to annul their marriage; she was ordered to live with her parents. The Supreme Court intervened, said her marriage was valid and said she could live with her husband. It however allowed the country's top counter-terror agency to investigate the marriage, along with some others in Kerala, to determine if terror groups are recruiting young Hindu women through marriage - what is controversially referred to as 'love jihad'.

Also Read: Kerala 'love jihad': SC restores Hadiya's marriage, scraps High Court order