The Karnataka High Court has observed that an individual's right to marry the person of his/her choice was a fundamental right enshrined in the Constitution, days after the Allahabad HC voiced a similar opinion.
The court further said the “liberty relating to the personal relationships of two individuals cannot be encroached by anybody irrespective of caste or religion”.
A division bench comprising Justice S Sujatha and Justice Sachin Shankar Magadum made this observation while disposing of the habeas corpus petition filed by Wajeed Khan H B. The petition was filed seeking direction to produce his partner Ramya G before the court and set her at liberty.
The jurisdictional police had produced Ramya along with her parents before the court. Ramya told the court that she had been staying at Dakshatha Samithi in Vidyaranyapura from November 07, 2020, after she filed a complaint alleging that her freedom was being infringed upon by her parents.
The problem started when Ramya and Wajeed, colleagues at a software company, decided to marry. While Wajeed’s mother Sreelakshmi had no objections to the marriage, Ramya’s parents were not willing to give consent.
The family counsellor at the Mahila Dakshatha Samithi told the court that the parents of both Wajeed and Ramya were counselled. Ramya's parents have objections and they have sought one year's time to give their consent.
The court also held that being an educated person Ramya was capable of taking decisions regarding her life.
“The scope of habeas corpus being limited to produce the person of Kum. Ramya G and she being produced before the court, recording her submission as aforesaid, we dispose of the writ petition setting her at liberty,” the court said.
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