Consent under Marriage
Consent Under Marriage
1. Meaning of Consent in Marriage
Consent in marriage means a free, voluntary, and informed agreement by both parties to enter into a marital relationship.
It is an essential requirement for the validity of marriage.
Consent must be given by the parties themselves without coercion, fraud, undue influence, misrepresentation, or mistake.
2. Importance of Consent in Marriage
Consent ensures that the marriage is based on mutual agreement and willingness, which is fundamental for a stable and lawful marital union.
Without consent, the marriage may be void or voidable depending on the circumstances and law.
Consent protects individual autonomy and safeguards against forced or fraudulent marriages.
3. Consent Under Various Laws
Hindu Marriage Act, 1955 (Section 5(c)) states that neither party should be incapable of giving valid consent due to unsoundness of mind or other incapacities.
Special Marriage Act, 1954 also requires free consent of both parties.
Muslim Personal Law requires consent of both parties, though it also recognizes guardian’s consent for the bride.
Indian Christian Marriage Act, 1872 mandates free consent as well.
4. When Consent is Considered Invalid
Consent is invalid if it is obtained through:
Coercion or Force: Threats or physical harm to obtain agreement.
Fraud or Misrepresentation: Deception about a material fact inducing consent.
Undue Influence: Abuse of power or influence over the party.
Mistake: Mutual mistake about a fundamental fact.
Unsoundness of Mind: If a party is mentally incapable of understanding the marriage.
5. Effect of Lack of Consent
A marriage entered without valid consent may be:
Void: Treated as if it never existed.
Voidable: Valid until annulled by a competent court.
The classification depends on the particular law and facts.
6. Important Case Laws
Lata Singh v. State of U.P. (2006) 5 SCC 475
The Supreme Court emphasized the importance of consent and ruled that forced marriages violate fundamental rights. Marriage without consent is void.
Shafin Jahan v. Asokan K.M. (2018) 16 SCC 368
The Court held that consent of both parties is essential; the freedom to marry a person of one’s choice is part of personal liberty under Article 21.
Karnail Singh v. Mst. Amar Kaur (1955) SCR 1063
Marriage without valid consent is null and void.
Mohd. Ahmed Khan v. Shah Bano Begum (1985) AIR SC 945
Consent is a prerequisite for valid marriage under Muslim law; the court upheld this principle while addressing maintenance.
7. Consent of Minor in Marriage
Consent must be given by parties who have attained legal age for marriage (18 for females, 21 for males).
Consent by a minor is considered invalid, and such marriages are either void or voidable under the applicable laws.
8. Consent of Guardian
In some personal laws (like Muslim law), guardian’s consent for the bride may be required, but the bride’s consent remains paramount.
Forced marriage by overriding bride’s consent is invalid.
9. Summary Table
| Aspect | Details |
|---|---|
| Meaning of Consent | Free, voluntary, and informed agreement to marry |
| Legal Requirement | Essential for validity of marriage |
| Invalid Consent | Due to coercion, fraud, undue influence, mistake, unsoundness of mind |
| Effect of No Consent | Marriage void or voidable depending on law |
| Consent of Minor | Invalid; minor marriages are void or voidable |
| Guardian’s Consent | Required in some personal laws but not a substitute for bride’s consent |
Conclusion
Consent is the cornerstone of a valid marriage. The law mandates that both parties must willingly and knowingly agree to the marriage without any external pressure or deception. Courts have repeatedly upheld the sanctity of free consent to protect individual rights and dignity.
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