Marrying person of choice a fundamental right: Karnataka High Court
The Karnataka High Court has echoed similar observations made by the Delhi High Court and Allahabad High Court over a major individual's choice of marrying a person irrespective of caste or religion.
A division bench of Justices S Sujata and Sachin Shankar Magadum HC on Tuesday ruled that an adult marrying the person of his/her choice is a fundamental right enshrined in the Constitution, LiveLaw reported.
The HC made this observation as it disposed of a habeas corpus petition filed by Wajeed Khan. Khan had sought the release of his lover Ramya from confinement.
The bench said that "it is well settled that a right of any major individual to marry the person of his/her choice is fundamental right enshrined in the Constitution of India and the said liberty to the personal relationships of two individuals cannot be encroached by anybody irrespective of caste or religion".
Khan, a software professional from Bengaluru, had approached the court last month. He had urged the court to issue directions to produce Ramya, also a software engineer and colleague.
The Chandra Layout police produced Ramya before the court on November 27. Her parents -- Gangadhar and Girija, and Wajeed Khan's month Sreelakshmi were also present in the court.
The girl told the court that she was staying at NGO Mahila Dakshatha Samithi. She had also filed a complaint with the Janodaya Santwana Kendra wherein she alleged that her parents were infringing on her right to liberty by opposing her marriage.
While Khan's mother had no objection to the marriage, Ramya's parents had not consented.
The HC observed that Ramya is a capable of taking a decision regarding her life. It then directed the Mahila Sakshata Samithi to release her fortwith.
Last week, the Delhi High Court has ruled that an adult/major girl is "free to reside wherever and with whoever she wishes to reside".
The observations were made by the HCs at a time when several BJP-ruled states have advocated for a law against 'love jihad'.
READ MORE: Adult woman free to live wherever and with whoever she wishes: Delhi HC
READ MORE: 'Love' and 'Jihad' don't go hand-in-hand: Nusrat Jahan
