How can SC intervene in marriage of consenting adults?: CJI Dipak Misra

The Supreme Court said that there were laws to deal with youth who join terror groups and traffic women, but expressed doubts whether courts or government could intervene in the marriage of two consenting adults. The SC observation came while hearing the Hadiya case, which NIA has alleged was ‘love jihad’.

“The government can prevent youth from being recruited for illegal activities by preventing them from travelling abroad. The courts can take care of trafficking. But can we examine whether consent is valid in a marriage under personal law,” CJI Dipak Misra, heading a three-judge bench, asked Hadiya’s father KM Asokan.

Senior advocate Shyam Divan said such a position was valid when a woman was not under the guardianship of a stranger.


Divan argued Hadiya should be treated as a “vulnerable adult” as she appeared in court with a stranger as her guardian. “Marriage was later used as a device to keep her out of the court’s jurisdiction,” he said.

This was what had prompted the Kerala HC to annul her marriage, he contended and charged there was a very wellorganised apparatus working to traffic women abroad.