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Home / India / Interfaith marriage: Adult’s right to marry a person of choice is fundamental right, says Karnataka HC

Interfaith marriage: Adult’s

right to marry a person of
choice is fundamental right,
says Karnataka HC
The ruling came even as the Karnataka government followed other BJP-ruled
states in claiming the need for a special law to stop inter-religious marriages.

By: Express News Service | Bengaluru | Updated: December 3, 2020 8:18:03 am

A bench of Justices S Sujatha and Sachin Shankar Magadum made the observation in the course of
disposal of a habeas corpus plea led by a 25-year-old software engineer.

AN ADULT individual’s right to marry a person of his or her choice is a fundamental

right that cannot be denied on the basis of caste or religion by anybody, according
to an observation made by a division bench of the Karnataka High Court last week.

A bench of Justices S Sujatha and Sachin Shankar Magadum made the observation
in the course of disposal of a habeas corpus plea filed by a 25-year-old software
engineer, Wajeed Khan, over the refusal of the parents of a work colleague to
acknowledge their interfaith marriage.

The petition, with the Bengaluru Police as respondents, sought the production of his
fiancee Ramya G, a software engineer, and “to set her at her liberty”.

When the police produced her in court, Ramya told the court that she had been
staying at a facility run by an NGO, Mahila Daskshata Samiti, in Bengaluru after her
parents refused to allow her to marry Khan. She had been staying away from home
after filing a complaint of alleged infringement of her liberty by her parents, she
told the court in the presence of her parents and Khan’s mother who were
summoned by the court.
“It is well settled that a right of any major individual to marry the person of his or
her choice is a fundamental right enshrined in the Constitution of India and the
said liberty regarding the personal relationships of two individuals cannot be
encroached by anybody irrespective of caste or religion,” the bench said in its
November 27 order while setting Ramya at liberty.

The court said that since the scope of a habeas corpus is limited to production of an
individual in court, Ramya was being set to her liberty after the recording of her
statement. “Ramya G being a software engineer is capable of taking a decision
regarding her life,” it said.

The ruling came even as the Karnataka government followed other BJP-ruled states
in claiming the need for a special law to stop inter-religious marriages, especially
those involving women from majority communities with men from minority
communities.

A division bench of the Allahabad High Court recently ruled in the case of a
Muslim-Hindu couple Salamat Ansari and Priyanka Khanwar alias Alia that the
“right to live with a person of his/her choice irrespective of religion professed by
them, is intrinsic to right to life and personal liberty”.

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