Marrying By Choice Is An Individual’s Fundamental Right: Karnataka HC

In a significant ruling, the Karnataka High Court said that it is the fundamental right of any adult in India to marry the person of his or her choice, irrespective of caste and religion, and that right cannot be encroached upon by anybody.

This ruling comes even as multiple states in India have brought in or are currently mulling laws to discourage interfaith marriages, by citing increasing instances of ‘love jihad’ to do the same.

A Bench of Justices S Sujata and Sachin Shankar Magadum said that liberty relating to the personal relationships of two individuals cannot be encroached by anybody.

"It is well settled that a 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 or religion," the Court said.

The Habeas Corpus petition was filed by one Wajeed Khan seeking the release of his lover, Ramya from jail.

In an application, Ramya, also a software engineer, had submitted to the court that she is currently staying at Mahila Dakshatha Samithi in Vidyaranyapura after she had filed a complaint alleging the infringement of her right to liberty caused by her parents with respect to her marriage with the petitioner. She also submitted to the court that she has decided to marry the petitioner, who is her colleague, but that her parents had not consented to the marriage.

“It is well settled that a 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 or religion,” the Karnataka High Court bench of Justices S Sujatha and Sachin Shankar Magadum ruled.

The HC added that Ramya is capable of making her own decisions and ordered that the Mahila Dakshatha Samithi release her immediately.