Karnataka HC: Right to marry a person of choice irrespective of his/her caste or religion; a Fundamental Right

Under Hindu Succession Act, Married women's heirs on her parental side are not strangers for the purposes of succession: SC

A Habeas Corpus Petition was filed by Wajeed Khan seeking the release of his lover Ramya from confinement; who is presently residing at Mahila Dakshatha Samithi, Vidyaranyapura after a complaint filed by her to the Janodaya Santwana Kendra, alleging infringement of her right to liberty caused by her parents for her marriage with Wajeed Khan (Petitioner).

Hearing a plea, the Karnataka High Court has held that the right of any major individual to marry the person of his/her choice is a fundamental right enshrined under Indian Constitution.

While disposing the petition, a division bench of Justice S Sujata and Justice Sachin Shankar Magadum has 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.”

Further, the Court said that Ramya being a software engineer is much capable of taking her own decision in life. Therefore, directed to Mahila Dakshata Samithi to release her forthwith.

The Bench said, “the scope of habeas corpus being limited to produce the person and she being produced before the court, recording her submission as aforesaid, we dispose of the writ petition setting her at liberty.”

Most recently, Allahabad High Court has delivered a judgment by significantly stated that “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.”

While pronouncing the verdict, the High Court has stated that “………..neither any individual nor a family nor even the state can have an objection to the relationship of two major individuals who out of their own free will are living together…”

The decision was observed by Karnataka Government following the Uttar Pradesh Ordinance released to bring a law against ‘Love-Jihad’ which is a conspiracy theory used for the conversion of religion for sake of marriages between two Inter-Faith individuals.

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