Bengaluru, Dec 2: In a setback for those who indulge in politics over Hindu-Muslim weddings, the high court of Karnataka has declared 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”.
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 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. Recording the statements, the bench noted that the scope of a habeas corpus petition was limited to producing the alleged detenue before the court.
“Ramya G, being a software engineer, is capable of taking a decision regarding her life. The Mahila Dakshata Samithi is directed to release her forthwith,” the bench observed.
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