NEW DELHI: The Supreme Court on Saturday stayed the Allahabad High Court's May 23 order for conducting horoscope examination of a girl by the Lucknow University to find out if she was 'manglik' as the accused contended he can't marry her in a case of rape on false promise of marriage.
Taking suo motu cognisance of the matter, a bench of Justices Sudhanshu Dhulia and Pankaj Mithal said the operation and effect of the order would be stayed.
Conducting a special sitting on Saturday, the bench said the High Court's order is totally out of context.
On behalf of the Union government, Solicitor General Tushar Mehta said the order is very disturbing and may be stayed.
Advocate Ajay Kumar Singh, appearing for the girl, tried to reason out saying the High Court passed on the consent of the parties.
He also said the Astrology is nowadays treated as science and taught in universities.
"What is this got to do with the subject matter. We don't want to spell out several issues, including the right to privacy here," the bench said.
"We respect that Astrology and Astronomy are science. But this is out of context," the bench further said.
The court also issued notice to the parties, while clarifying that it has not gone into the merit of the matter.
Acting on bail plea by accused Gobind Raju alias Monu, the Lucknow bench of the Allahabad High Court had directed the Head of Department (Astrology Department), Lucknow University to determine if an alleged rape victim is a Mangalik by examining her 'Kundali' within 10 days.
The man claimed the marriage could not be solemnised because the woman was a mangalik. The girl's counsel denied the assertion. The court then ordered studying the horoscope of the girl.