The Right of any Major Individual to Marry the Person of his/her Choice Irrespective of Caste or Religion is a Fundamental Right

The right of any major individual to marry the person of his/her choice irrespective of caste or religion is a fundamental right

“It is well settled that a right of any major individual to marry the person of his/her choice is a fundamental right enshrined in the Constitution of India and the said liberty relating to the personal relationships of two individuals cannot be encroached by anybody irrespective of caste or religion.”

The Karnataka High Court has ruled that the right of any major individual to marry the person of his/her choice is a fundamental right enshrined in the Constitution of India.

Brief Background of the Case

A writ petition in the nature of Habeas Corpus was filed by the petitioner seeking direction to the respondents to produce Kum. Ramya.G. before this Court and set her at liberty.

Kum.Ramya.G. submits that she is staying at Mahila Dakshatha Samithi, Vidyaranyapura, at present, pursuant to the complaint lodged by her to the Janodaya Santwana Kendra alleging infringement of her right to liberty caused by her parents relating to her marriage with the petitioner. It is submitted that she has decided to marry the petitioner who is a colleague of her, working at IQVIA as a software engineer. The mother of the petitioner Smt. Sreelakshmi has no objections for the marriage of her son Wajeed Khan with her. However, her parents are not giving consent to the said marriage.

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Order and observation of Court

The Court noted that, it is well settled that a right of any major individual to marry the person of his/her choice is a fundamental right enshrined in the Constitution of India and the said liberty relating to the personal relationships of two individuals cannot be encroached by anybody irrespective of caste or religion.

In the present case, the said that, the scope of habeas corpus being limited to produce the person of Kum.Ramya.G. and she being produced before the Court, recording her submission as aforesaid, the we dispose of the writ petition setting her at liberty.

Kum.Ramya.G. being a software engineer at IQVIA is capable of taking decision regarding her life, it added.

Citation: W.P.H.C.NO OF 2020

Coram: THE HON’BLE MRS. JUSTICE S.SUJATHA AND HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

[The right of any major individual to marry the person of his/her choice irrespective of caste or religion is a fundamental right]

Also Read: Allahabad High Court: Right to Live with a Person of his/her Choice Irrespective of Religion Professed by Them, is Intrinsic to Right to Life and Personal Liberty

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