Societal approval not a must for marriage

Bhubaneswar Bureau

CUTTACK, Dec.19, 2002:
If two majors marry, that cannot be nullified because their family or caste or community refuses to approve, ruled Orissa High Court in a landmark judgment. Marriage between two persons in permissible age is a matter of their mutual preference and hence, societal approval has no part to play in it.

The Family Court of Cuttack had rejected the prayer of one Basanti Mohanty of village Kapileswar of Kendrapada for alimony in 1999 on the ground that her alleged estrangement with Pariskhita Raut did not constitute a divorcement between a couple as her marriage with the later had no prior approval either of their family members, or from their caste or clan guardians. Sans societal recognition, the marriage itself being improper, demand for alimony on termination of that marriage must be held misconceived, the Family Court had said.

Terming this determination as an instance of non-application of mind to the case, the High Court disagreed with the Family Court and issued direction for payment of alimony with retrospective effect. {SCP}

Posted by

ORISSA MATTERS is based on the declaration of its founder Subhas Chandra Pattanayak that journalists would write, as the people have the right to be informed. Anybody/any institution affected by any writing may move online editor Saswat Pattanayak, who would arbitrate thereupon without any prejudice to the ultimate authority of the founder.

Leave a Reply

Required fields are marked *.


This site uses Akismet to reduce spam. Learn how your comment data is processed.