The Karnataka High Court has observed that the right of a major individual to marry the person of their choice is a fundamental right enshrined in the Constitution of India and the liberty relating to the personal relationship of two individuals cannot be encroached by anybody irrespective of caste or religion.
The observation followed a habeas corpus petition filed by one Wajeed Khan seeking the release of his lover, Ramya G.
In her interaction with the Court, Ramya told the Court that she was staying at Mahila Dakshatha Samithi, Vidyaranyapura pursuant to a complaint lodged by her at the Janodaya Santwana Kendra. She alleged that her right to liberty was being infringed by her parents as they were against her marriage with Khan.
Ramya said that she decided to marry the petitioner who also happens to be her colleague working at IQVIA. She added that Wajid’s mother had no objections to the marriage even as her parents were opposing the same.
A division bench of Justices S Sujata and Sachin Shankar Magadum ordered the release of Ramya forthwith and observed:
“Kum. Ramya G. being a software engineer at IQVIA is capable of taking a decision regarding her life. The Mahila Dakshata Samithi is directed to release Kum. Ramya. G. forthwith,”
Earlier, the Allahabad High Court held that right of a person to live with someone of their choice irrespective of the religion professed by them, was intrinsic to the right to life and personal liberty.
“The Courts and the Constitutional Courts, in particular, are enjoined to uphold the life and liberty of an individual guaranteed under Article 21 of the Constitution of India”, the Allahabad HC said.
Read Order
http://theleaflet.in/wp-content/uploads/2020/12/Wajeed_Khan_vs_Commissioner_of_Police.pdf
