Supreme Court stays Allahabad HC order to examine if "rape victim" is a "manglik"
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New Delhi, June 3: The Supreme Court Saturday stayed an Allahabad High Court order directing the astrology department of Lucknow University to examine a woman’s "kundali" to ascertain whether she is a ‘mangalik’, LiveLaw reported.
The top court had taken suo motu cognisance of a LiveLaw report after the High Court last week passed the order in a bail application in a case of alleged rape through false promise of marriage.
In a special hearing on Saturday, the Supreme Court bench comprising Justice Sudhanshu Dhulia and Justice Pankaj Mithal stated that astrology had nothing to do with the matter. Solicitor General of India Tushar Mehta termed the HC order as "disturbing".
[BREAKING] Supreme Court stays Allahabad High Court order that directed woman to submit kundali to ascertain mangalik status
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During the hearing, the bench noted that the order is totally out of context and the right to privacy is being disturbed. Justice Dhulia said, "We do not want to join facts on what astrology has to do with this… We are only concerned with subject matter linking to this".
The counsel, representing the complainant, submitted that the order was passed with the consent of the parties and pointed out that astrology is being taught at the university.
The high court had passed the order while deciding the bail plea of a person accused of raping a woman on pretext of marriage. The accused in the matter had contended that the marriage could not be solemnised because the woman was a mangalik.
The apex court observed that while deciding a bail plea, court cannot enter into the realm of astrology which are private matters of an individual. "We say nothing on merits. We stay the operation and effect of the order. The matter would be taken up by high court in next date of listing and shall be dealt on merits.”
In the high court, the counsel for the woman had argued that she is not mangalik. The high court ordered the woman and the accused to submit their kundalis to the astrology department of the Lucknow University.
The court directed the university to submit a report within three weeks.
The accused had allegedly refused to marry the victim claiming that the woman has "Mangal Dosha" in her "kundali", according to a LiveLaw report.
The counsel for the accused had told the court that the marriage could not be solemnised as the victim is a ‘mangalik’. However, the victim’s counsel had denied the allegation, saying she did not have ‘Mangal Dosha’.
Following the arguments, the High Court directed the Head of Department (astrology department), Lucknow University to examine whether the woman is a ‘mangalik’ or not.
Bharati Web
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