Supreme Court Closes Suo Motu Case Against Allahabad HC Direction To Examine If Woman Who Alleged Rape On Marriage Promise Was 'Mangalik'

The Supreme Court on Tuesday closed the matter in which it took suo motu cognizance of the order of the Allahabad High Court which directed the Head of Astrology Department, Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her Kundali. The Apex Court disposed the matter on the submission of the counsel for the complainant and the state of Uttar Pradesh that the bail application filed by the accused was dismissed for non-prosecution and hence the matter had become infructuous.

The matter was before a division bench of Justice Sudhanshu Dhulia and Justice C.T. Ravikumar. Justice Dhulia stated that the Court in its previous order had left it to open to the High Court to consider the bail application on merits. However, it took note of the submission that the bail application was dismissed for non-prosecution and closed the matter. The Counsel for the State informed the court that the chargesheet had been filed. 

A vacation bench comprising Justice Sudhanshu Dhulia and Justice Pankaj Mithal had earlier stayed the order after taking suo motu cognizance of the High Court's order.

The High Court bench of Justice Brij Raj Singh passed the order in a bail application filed by the accused in a case of alleged rape through false promise of marriage. The accused had taken the defence that the marriage with the woman could not be performed as she is a 'Mangalik'.

Previous Hearing before the Supreme Court

The lawyer for the complainant had submitted that the order was passed with the consent of the parties and that the Court has the power to call for expert evidence. He submitted that Astrology is subject taught in University.

"But this is totally out of context. The right to privacy is disturbed..", Justice Dhulia said. "We do not want to join facts on what astrology has to do with this. We respect your sentiments on that. We are only concerned with subject matter linking to this", the judge added.

"We don't understand why astrology aspect was considered...", Justice Mithal observed.

While staying the High Court order, the Supreme Court clarified that the High Court can consider the bail application on merits.

Background

Before the High Court, the victim had argued that the accused made sexual relations with her on the false promise to marry her and that he never intended to marry her. Per contra, the accused had submitted that the marriage between the accused and the victim could not be solemnised as the victim is a 'Mangalik'. Refuting this allegation, the Counsel for the victim submitted that she doesn't suffer from 'Mangal Dosha'.

In view of the conflicting claims made by the parties, the Court had directed the Head of Department (Astrology Department), Lucknow University to decide the matter as to whether the girl is a Mangali or not. The Court directed the parties to produce their kundali before the HOD within ten days.

Case Title: In Re: Order Dt. 23.05.2023 In Gobind Rai @ Monu Versus State Of Uttar Pradesh