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SC stays Allahabad HC order to examine rape victim’s horoscope to ascertain if she is ‘Mangalik’

SC stays Allahabad HC order: The Supreme Court on Saturday stayed the order of the Allahabad High Court directing the head of the department of astrology at Lucknow University to examine a woman’s kundali to ascertain whether she was ‘mangalik’ or not.

The top court had taken suo motu cognisance of a LiveLaw report after the High Court passed the order last week in a bail application in a case of alleged rape through false promise of marriage.

The bench comprising Justice Sudhanshu Dhulia and Justice Pankaj Mithal stated that astrology had nothing to do with the matter. Solicitor General Tushar Mehta stated that the order was “disturbing.”

‘Astrology should not be a factor’

The Supreme Court stated that astrology should not be a factor in the decision-making of a court of law when it comes to granting bail.

According to a Live Law report, the Allahabad High Court on May 23 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.

Girl is a Mangalik, says accused

As per Live Law’s report, the Counsel for the accused submitted that the marriage between the accused and the victim could not be solemnised as the victim is a Mangalik. The Counsel for the victim refuted this allegation and submitted that she doesn’t have a “Mangal Dosh”.

Hearing the conflicting claims by the parties, the Allahabad High Court directed the Head of Department (Astrology Department), Lucknow University, to ascertain 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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