‘Fundamental Right’: Adult citizens free to marry person of his/her choice, says K’taka HC

Bengaluru: The Karnataka high court has opined that the fundamental right of any major individual to marry the person of his/her choice cannot be encroached by anybody irrespective of caste and religion.

A division bench of the high court made this observation while hearing a habeas corpus petition filed by a Wajeed Khan, a Bengaluru resident seeking the release of his lover Ramya from confinement.

“It is well settled that the right of any major individual to marry the person of his/her choice is a fundamental right enshrined in the Constitution of India and the said liberty relating to the personal relationships of two individuals cannot be encroached by anybody irrespective of caste and religion,” the bench said while pronouncing its judgement on Monday.

The lady’s parents were opposed to her alliance with Wajeed as he belonged to another religion. Wajeed approached the high court, which directed Chandra Layout police to produce the lady before the court.

On being produced before the court by the police, Ramya submitted that she is staying at Mahila Dakshatha Samithi, Vidyaranyapura, at present, pursuant to the complaint lodged by her to the Janodaya Santwana Kendra, alleging infringement of her right to liberty caused by her parents relating to her marriage with the petitioner.

Stating that Ramya was capable of taking decisions concerning her life, the high court bench ordered that Ramya should be released.

The judgment assumes significance in the backdrop of a proposal by the state government to bring a law against religious conversion for marriage.