Synopsis: The Court stated that it is well founded that the fundamental right enshrined in the Constitution of India is the right of any major individual to marry the person of his/her choice and that freedom relating to the personal relationships of two individuals cannot be infringed by anyone regardless of caste or religion.
The right of a person to marry any person of his or her choice, regardless of caste or religion, is a fundamental right enshrined in the Constitution of India. This line is been reaffirmed by the Karnataka High Court, while ordering the release of a woman in a Habeas Corpus petition filed by her lover.
The Bench of Justices S Sujata and Sachin Shankar Magadum said that no one can violate on freedom relating to the personal relationships of two persons.
The Court stated that it is well founded that the fundamental right enshrined in the Constitution of India is the right of any major individual to marry the person of his/her choice and that freedom relating to the personal relationships of two individuals cannot be infringed by everyone regardless of caste or religion.
One Wajeed Khan submitted the Habeas Corpus petition demanding the release from confinement of his lover, Ramya.
Ramya submitted that she was staying at Mahila Dakshatha Samithi, Vidyaranyapura, pursuant to a complaint lodged by her at the Janodaya Santwana Kendra, on being produced before the Court by the police.
She argues that her parents were violating her right to freedom because they were against her marriage to Khan.
In addition, she went on to say the Bench that she had agreed to marry her colleague, the petitioner. Although the mother of the petitioner had no objections to the marriage, Ramya’s parents equally opposed her decision.
Noting this, the Bench considered that Ramya, a software engineer, was able to take her life decisions and therefore, ordered Mahila Dakshata Samithi to release her immediately.
Even the Allahabad High Court recently held that, irrespective of religion, the freedom to live with a person of one’s choice is inherent in the right to life and personal liberty.