Supreme Court stays orders of Allahabad HC to check if Rape victim is 'Mangalik'

Supreme Court stays orders of Allahabad HC to check if Rape victim is 'Mangalik'

The Supreme Court on Saturday stayed the order of the Allahabad High Court directed that the head of the department of astrology at Lucknow University will ascertain whether the alleged rape victim was 'mangalik' or not. 

The dicision bench comprising Justice Sudhanshu Dhulia and Justice Pankaj Mithal held that astrology had nothing to do with the matter.

During the hearing, Solicitor General Tushar Mehta stated that the order was "disturbing," 

"Supreme Court takes suo motu cognisance of the case before us. the order of the single judge of Allahabad High Court passed on may 23 while deciding a bail plea is subject matter of the case. We say nothing on merits. We stay the operation and effect of the May 23 order. The matter would be taken up by High Court in next date of listing and shall be dealt on merits," said the Court

During the last hearing, Allahabad High Court directed the Head of Department (Astrology Department), Lucknow University to determine whether an alleged rape victim is a Mangali/Mangalik by examining her Kundali in three weeks,.

The bench of Justice Brij Raj Singh was hearing the bail application of an accused who allegedly refused to marry the victim, after establishing sexual relations, on the ground that the Girl has Mangal Dosha in her Kundali.

In view of the conflicting claims made by the parties, the Allahabad High Court directed the Head of Department (Astrology Department), Lucknow University to decide whether the girl is Mangalik or not. The Court also directed the parties to produce their kundali before the HOD within ten days, the report mentioned

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