Right To Marry A Person Of Choice Irrespective Of Caste Or Religion A Fundamental Right : Karnataka High Court

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 in the Constitution of India.

A division bench of Justices S Sujata and Sachin Shankar Magadum, while disposing of a habeas corpus petition filed by one Wajeed Khan seeking the release of his lover Ramya from confinement, said :

"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 decision assumes relevance in the backdrop of talks by Karnataka Government to bring a law against 'love jihad' - a conspiracy theory used to discredit marriages between Muslim men and Hindu women as conspiracy to cause conversion -following the footsteps of Uttar Pradesh.

On being produced before the court by the police, Ramya submitted 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.

Further, she submitted that she has decided to marry the petitioner who is a colleague. The mother of the petitioner has no objections for the marriage of her son with her. However, her parents are not giving consent to the said marriage.

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."

It added Ramya being a software engineer is capable of taking a decision regarding her life. The court directed Mahila Dakshata Samithi directed to release her forthwith.

The Allahabad High Court recently pronounced a significant verdict stating 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."

The division bench of the High Court declared as bad in law two single-bench precedents which had held that conversion just for the sake of marriage was invalid.

The division bench said that the single bench decisions failed to deal with the "the issue of life and liberty of two matured individuals in choosing a partner or their right to freedom of choice as to with whom they would like to live".

"...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 High Court stated.