Adults Have Right Of Choice Of Their Matrimonial Partner Irrespective Of Religion Professed By Them: Allahabad High Court

The Allahabad High Court today observed that it cannot be disputed that two adults have the right of choice of their matrimonial partner irrespective of the religion professed by them.

The Bench of Justice Deepak Verma and Justice Manoj Kumar Gupta observed thus in a plea filed by one Shifa Hasan (19-year-old) and her male partner (24-year-old) who claimed to be in love with each other and submitted that they are living together out of their sweet will.

However, they argued that since they belong to different religions and the said fact is not acceptable to the father of the girl, therefore, they filed the instant plea seeking protection of their life and liberty.

The Girl has already filed an application for conversion from Muslim to Hindu in February 17, 2021, and on the said application, the District Magistrate has called for a report from the concerned police station according to which also both of them are major.

Further, in the said report, it came out that the father of the Man is not agreeable to the marriage whereas his mother is ready for the same. It was further stated that both the parents of girl are also not agreeable to their marriage.

In this backdrop, disposing of the plea with direction to the third respondent to ensure that the petitioners are not subjected to any harassment by respondent no. 5 (father of the girl) or by any other person in connection with their relationship with each other, the Court observed thus:

"It cannot be disputed that two adults have right of choice of their matrimonial partner irrespective of religion professed by them. As the present petition is a joint petition by the two individuals who claim to be in love with each other and are major, therefore, in our considered opinion, nobody, not even their parents, could object to their relationship."

Case title - Shifa Hasan And Another v. State of U.P. and Others

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