Amid the ongoing row of the Love Jihad Ordinances which are strickter on any sort of religious conversion pertaining to marriage, the Karnataka High Court has ruled that the right of an individual to marry any person of his/her choice irrespective of caste or religion is a fundamental right enshrined in the Constitution of India.
The Court in case of Wajeed Khan vs Commissioner of Police Court reaffirmed ordering release of petition's lover.
A bench comprising of Justice S Sujata and Justice Sachin Shankar Magadum said that liberty relating to the personal relationships of two individuals can't be encroached by anybody.
The Court stated:
"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 petitioner in his habeas corpus petition sought the release of his lover from confinement.
On being produced before the Court by the Police, Ramya/Petitioner's Lover had submitted that she was staying at Mahila Dakshatha Samithi, Vidyaranyapura pursuant to the complaint lodged by her at the Janodaya Santwana Kendra.
In her statement, she claimed that her right to liberty was being infringed by her parents as they were against her marriage with Khan. She further expressed her intention to marry the petitioner who is her colleague. While the petitioner's mother has no objections to the marriage, her parents were opposing the same, she informed.
Noting this, the Court opined that Ramya, who is an adult and a Software Engineer, is capable of taking decisions regarding her life and, therefore, directed Mahila Dakshata Samithi to release her forthwith.
In a neraly similar instance, the Allahabad High Court had held that the 'Right to Live' with a person of one's choice is intrinsic to the right to life and personal liberty irrespective of religion.
The order has been passed by a Bench comprising of Justice S Sujata and Justice Sachin Shankar Magadum on 27-11-2020.
Read Order Here:
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