'Swayamvar' A Fundamental Right Under Article 21, Its Roots Can Be Traced To Ramayana, Mahabharata: Punjab & Haryana High Court

In a significant observation, the Punjab and Haryana High Court last week said that Swayamvar i.e. marriage by one's own choice is not a modern phenomenon and that its roots can be traced in ancient history including holy books like Ramayana Mahabharata.

Adding that Article 21 is enforcing this human right as a Fundamental Right, the bench of Justice Jagmohan Bansal quashed an FIR lodged against a man on the allegations of kidnapping a girl and later solemnizing marriage with her.

The Court noted that both the parties are major and they performed marriage though against the wish of their parents and they are happily cohabiting and hence, no one including courts and law enforcement agencies has the right to disturb their life without their fault.

"They have right to live their life in the way and manner they like. They are blessed with two children. With a pending criminal case, nobody can lead a happy life. State has no right to interfere in the life of a duly married couple. Continuance of criminal proceedings is not only going to disturb life of the petitioner but also there are all possibilities of disturbance in life of respondent No. 3 and their children."

"#Swayamvar i.e. marriage by your own choice is not a modern phenomenon. Its roots can be traced in ancient history including holy books like #Ramayana, #Mahabharata....Article 21 is enforcing this human right as a #fundamental right" : #PunjabAndHaryanaHighCourt pic.twitter.com/REE8gf6Lfo

— Live Law (@LiveLawIndia) February 25, 2023

The case before the Court

The case was hearing the plea of Tek Chand who had moved the Court seeking the quashing of the FIR lodged against him by the father of the girl under Sections 363 and 366-A of IPC alleging that he had enticed her away on the pretext of marriage.

On the other hand, Tek Chand (Petitioner) submitted before the Court that he and respondent No.3 (girl in question) solemnized marriage in July 2019 and they are blessed with two children. The state did not dispute the fact.

It was also submitted that they both have moved the Court seeking protection of their lives and liberty, which was disposed of with a direction to SSP, Sri Muktsar Sahib to take note of the representation of the petitioners and act in accordance with the law.

Against this backdrop, noting that the petitioner has already married the girl in question and they both are cohabiting together happily, the Court added that the State has no right to interfere in the life of a duly married couple.

"Continuance of criminal proceedings is not only going to disturb life of the petitioner but also there are all possibilities of disturbance in life of respondent No. 3 and their children. Our State is a welfare State, however, there is no mechanism to provide accommodation, food and other basic daily needs to the dependent of a convicted person. In our country, except stray cases of urban population, it is man who is earning and taking care of his wife and children," the Bench remarked.

Significantly, observing that in Indian culture, irrespective of caste and religion, marriage is neither a compromise nor a contract but it is a sacrosanct knot of two families, the Court noted thus:

"It is not a physical meeting of two persons of opposite sex whereas it is most important & pious institution of our society where two families become one. The importance of marriage further finds support from the fact that a child from a couple without marriage is not as recognized as a child from a duly wedded couple."

Consequently, keeping in mind the above facts and circumstances, the court allowed the petition quashing the FIR in question.

Case title - Tek Chand vs. State of Punjab and others [CRM-M-5992-2023]

Case Citation: 2023 LiveLaw (PH) 36

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