Right to marry person of choice irrespective of cast/ religion a Fundamental Right: Karnataka HC

The Karnataka High Court ruled recently that the right of any major individual to marry the person of his/her choice is a fundamental right that is enshrined in the Constitution of India.

The High Court division bench comprising Justices S Sujata and Sachin Shankar Magadum gave the ruling while hearing a habeas corpus petition filed by one Wajeed Khan seeking the release of his partner Ramya from confinement.

The court ruled that it is well settled that a right of any major individual to marry the person of his/her choice is a fundamental right and said liberty relating to the personal relationships of two individuals cannot be encroached by anybody irrespective of caste or religion.

Why is this decision important?

The decision of the Karnataka High Court is important, as it comes in the backdrop of talks by Karnataka Government to bring a law against 'love jihad'. 

Love Jihad is a conspiracy theory used to discredit marriages between Hindu women and Muslim men as conspiracy to cause conversion, following the steps of Uttar Pradesh. 

Karnataka HC ruling: Key Highlights 

•The court stated that 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.

•After being produced before the court, Wajeed Khan's partner Ramya alleged infringement of her right to liberty caused by her parents relating to her marriage with the petitioner.

•She further submitted that she has decided to marry the petitioner who is a colleague.

•The mother of the petitioner reportedly has no objections to her son's marriage with her.

•However, the girl's parents have not given consent to the marriage.

•The court stated that Ramya being a software engineer is capable of taking a decision regarding her life.

•The court also directed Mahila Dakshata Samithi directed to release her forthwith.

Background

The Allahabad High Court had recently pronounced a significant verdict stating that right to live with a person of choice irrespective of religion, is intrinsic to right to life and personal liberty.