The right of 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 Karnataka High Court reaffirmed ordering release of a woman in a Habeas Corpus petition filed by her lover.
A Bench of Justices S Sujata and Sachin Shankar Magadum said that liberty relating to the personal relationships of two individuals cannot be encroached by anybody and Right of individual to marry any person 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 Court said.
Case Background
The Habeas Corpus petition was filed by one Wajeed Khan seeking the release of his lover, Ramya from confinement.
On being produced before the Court by the police, Ramya had submitted that she was staying at Mahila Dakshatha Samithi, Vidyaranyapura pursuant to the complaint lodged by her at the Janodaya Santwana Kendra.
She claimed that her right to liberty was being infringed by her parents as they were against her marriage with Khan.
Further, she went on to inform the Bench that she had decided to marry the petitioner, who is her colleague. While the petitioner’s mother has no objections to the marriage, Ramya’s parents were opposing the same, the Court was told in case highlighting Right of individual to marry any person as fundamental right.
Noting this, the Bench opined in the present case highlighting Right of individual to marry any person as fundamental right that Ramya, a software engineer, is capable of taking decisions regarding her life and, therefore, directed Mahila Dakshata Samithi to release her forthwith.
“Kum. Ramya G. being a software engineer at IQVIA is capable of taking decision regarding her life. The Mahila Dakshata Samithi is directed to release Kum Ramya G forthwith,” the court ordered.
Recently, 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.
