Thursday, July 23, 2015

Marriage, no reason to prevent woman from completing graduation: HC

In a significant judgment, the Madras High Court Bench here has ruled that a woman pursuing final year of graduation cannot be prevented by the college from completing her course just because she fell in love with a person professing a different faith and married him despite opposition from both their families.

Allowing a writ appeal filed by a Muslim student who had married a Christian youth, Justices S. Manikumar and G. Chockalingam said: “Marrying a person during the course of study cannot be construed a misconduct or an act contrary to the rules and regulations of the college affecting its reputation and perpetuating indiscipline among students.”

Holding that the college had no role to play on such issues, the judges said that the inter-religious marriage between the couple was a personal issue to be sorted out between two families. “Even assuming it to be a mistake, we only wish to quote Martin Luther King who had said that he who is devoid of the power to forgive is devoid of the power to love,” the judges said.

Authoring the verdict, Mr. Justice Manikumar also quoted the Dalai Lama to have said: “All religious traditions carry basically the same message that is love, compassion and forgiveness. The important thing is they should be part of our daily lives.” He also observed that courts cannot lose sight of intolerance prevalent in society against inter-religious and inter-caste marriages.

Since the writ appellant, a meritorious student had been permitted to write the final year examinations of her Bachelor of Arts course in English literature through interim orders passed on the appeal on April 20, the judges directed the petitioner’s college in Nagercoil in Kanyakumari district and the university, to which it was affiliated, to declare the results forthwith.

Bench rules that a woman cannot be prevented by college from completing her course just because she married a person professing a different faith





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