Jharkhand High Court Grants Relief To Woman Who Claimed Family Members Are Forcing Her To Marry 52-Year-Old Man

The bench of Justice Sanjay Kumar Dwivedi directed the Senior Superintendent of Police, Ranchi to pass appropriate order so that her dignity and life be protected.

Essentially, Petitioner Sana Rashid claimed in her plea before the Court that she is in friendship with a boy (belonging to a different religion) and her family members are trying to get her married to a person aged about 52 years and she is not willing to marry that person.

It was further stated in her plea that she apprehends that the said boy and his family members may be targeted by others. In view of this, she sought protection from her family members.

At the outset, the Court took into account the averments made in the petition as well as representations sent to the higher authorities and found that prima facie, the petitioner is in trouble.

Further, the Court also made a significant remark that nowadays, educated younger boys and girls are choosing their life partners which, in turn, is a departure from the earlier norms of society where caste and community play a major role.

The Court also opined that there is every likelihood that this is the way forward where caste and community tensions will reduce by such inter-marriage, however, these youngsters face threats by the elders of their own families.

Against this backdrop, the Court emphasized that the right to marry a person of choice was held to be integral to Article 21 of the Constitution of India where the autonomy of an individual inter alia in relation to family and marriage was held to be integral to the dignity of the individual.

Consequently, seeing the urgency in the matter, the Court passed the aforementioned order directing the Senior Superintendent of Police, Ranchi to hear the petitioner and to pass the appropriate order so that her dignity and life be protected.

With this, the plea was disposed of.

Case title - Sana Rashid v. The State of Jharkhand and others

Case Citation: 2022 LiveLaw (Jha) 88

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