Right to marry person of choice a fundamental right, says Karnataka high court

Upholding the right of an individual to marry the person of his or her choice, the Karnataka High Court recently directed a woman’s welfare organisation to release a software engineer who the court said was capable enough to take decision regarding her life.

According to a report in The Times of India, the court 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”, adding “the said liberty relating to the personal relationships of two individuals cannot be encroached by anybody irrespective of caste or religion".

The statement echoed similar observations by the Allahabad and Delhi high courts. A division bench of Justices S Sujata and Sachin Shankar Magadum passed the ruling on November 27 while disposing of a habeas corpus petition filed by one Wajeed Khan seeking the release of his friend Ramya G from confinement.