02/12/2020
KARNATAKA HC: CHOICEABLE
MARRIAGE IS A FUNDAMENTAL
RIGHT
Bengaluru. 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”, The Karnataka High Court said.
On 27th November, 2020, the Karnataka HC division bench comprising justice Sujatha Sachin Shankar Magadum, who was dealing with a case involving two software professionals, said that “the said liberty relating to the personal relationships of two individuals cannot be encroached by anybody irrespective of caste or religion”.
The observation came while disposing of a hebeas corpus petition filed by HB Wajeed Khan, a software Engineer aresident of Bengaluru, who had approached the court seeking directions to produce Ramya G, a software engineer and colleague, and set her to liberty.
Acting as per the court’s directions, Chandra Layout police produced Ramya before the court on 27th November, 2020. Her parents, Gangadhar and Girija, as well as Wajeed Khan and his mother, Sreelakshmi, were present.
In the court, Ramya said, she was staying at NGO Mahila Dakshatha Samithi in 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 with Wajeed.
According to Wajeed’s mother, 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 hebeas corpus petition was limited to producing the alleged detenue
before the court.
The bench observed, “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.