Factual Matrix
In the matter of Gobind Rai @ Monu v. State Of UP a bail request was made by Govinda, who was accused of raping a woman under the guise of marriage. The accusers assert that because the woman was a mangalik, the marriage could not be legally consummated. whereas the woman’s petitioner claimed that she is not a mangalik.
According to Hindu astrology, a mangali or mangalik is a person born under the influence of Mars. It is said that these people have mangala dosha, which is thought to be adverse to marriage.
Analysis of court order
The prosecutrix-woman’s mangalik status prevented the accused from getting married to her, according to the bail petition the accused submitted to the Allahabad High Court.
Justice Brij Raj Singh of the Allahabad High Court’s single-judge bench instructed Lucknow University’s astrology department to examine a woman’s kundali horoscope or birth chart to determine whether she is a mangalik. They also mandated that the applicant and the defendant turn in their kundalis to Lucknow University’s Astrology department. The University was given three weeks to deliver a report inside a sealed cover.
The single judge bench noted that it had been contended by the applicant’s knowledgeable attorney that because the prosecutrix is mangali, marriage could not be solemnised and had been rejected. However, the prosecutor’s skilled counsel has argued that the girl is not a mangali. Within ten days from today, the parties will present the kundali to the head of the astrology department at Lucknow University so that he or she may determine if the girl is mangali or not. The Head of the Astrology Department at Lucknow University is required to deliver a report to this Court in a sealed cover within three weeks. The subject will be discussed again on June 26.