October 5, 2025

LAW DHARMA

Your Legal Destination

SC refused to entertain the plea for clarification of the provisions of Sec.5 of Hindu Marriage Act

The Supreme Court Today refused to entertain to clarify the provisions of Section 5 of Hindu Marriage Act by observing that the provisions of Section 5 of Hindu Marriage Act regarding solemnization of marriage is clear and no need for any interpretation.  A woman from Karnataka filed a petition for her protection on the ground that her marriage took place without her consent. Senior Counsel Indira Jaising appeared in this case stressed for a declaration that if any marriage took place without consent, it should be void and the provisions of Section 5 of Hindu Marriage Act is silent regarding consent of the Parties. However, the Supreme Court has clearly expressed that they will not entertain any question of Law regarding Sec.5 of HM Act, but, the petition will be proceeded regarding the issue of protection. The matter has been adjourned to 5th of May.