‘Choosing one’s spouse a fundamental right’

‘Choosing one’s spouse a fundamental right’

Karnataka HC Observation Echoes Verdicts By Allahabad, Delhi Courts

TIMES NEWS NETWORK

Bengaluru:02.12.2020

The Karnataka high court has said it was 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”, echoing earlier observations by the Allahabad and Delhi high courts upholding the right to marry a person of one’s own choice.

The Karnataka HC division bench comprising Justices S Sujatha Sachin Shankar Magadum, which was dealing with a case involving two software professionals on November 27, added that “the said liberty relating to the personal relationships of two individuals cannot be encroached by anybody irrespective of caste or religion”.

The observations came while disposing of a habeas corpus petition filed by HB Wajeed Khan, a software engineer and resident of Bengaluru, who had approached the court seeking directions to produce Ramya G, a software engineer and colleague, and set her at liberty.

Acting on the court’s directions, Chandra Layout police produced Ramya before the court on November 27. Her parents, Gangadhar and Girija, as well as Wajeed Khan and his mother, Sreelakshmi, were present.

Ramya told the court she was staying at the NGO Mahila Dakshatha Samithi, Vidyaranyapura, following a complaint lodged by her with the Janodaya Santwana Kendra, a family dispute resolution forum set up by the department of women and child welfare development. Ramya had alleged that her parents were infringing on her right to liberty by opposing her marriage to Wajeed.

Wajeed’s mother Sreelakshmi said she had no objection to the marriage but Ramya’s parents had not consented.

UP may scrap sop for interfaith marriages

The Uttar Pradesh government is planning to withdraw a scheme that has incentivised interfaith marriage for 44 years, reports Anuja Jaiswal. This comes after the UP government ordinance banning “forced” conversions. The Intercaste & Interfaith Marriage Incentive Scheme has been in place since 1976. When Uttarakhand was carved out of the state, it retained the incentive plan. But now, Uttarakhand, too, is considering withdrawal of the scheme. P 10

The said liberty relating to personal relationships of two individuals can’t be encroached by anybody irrespective of caste or religion

—Karnataka HC