Two adults have right to choose their matrimonial partner irrespective of religion: Allahabad HC

Team SoOLEGAL 17 Sep 2021 3:14pm

Two adults have right to choose their matrimonial partner irrespective of religion: Allahabad HC

On Thursday, i.e, September 16, 2021, the Allahabad High Court ruled that two adults have the right to choose their matrimonial partner regardless of their religious beliefs.

While hearing a petition filed by Shifa Hasan and others, the Division Bench of Justice Deepak Verma and Justice Manoj Kumar Gupta issued this order.

The petitioners assert that they have been in relationship with one other and have chosen to live together. They belong to different religions, and respondent no. 5 does not acknowledge this fact (father of the woman).

The petitioners' categorical case is that they are both major. It is claimed that petitioner no. 1 (woman) was born on June 25, 2002, and petitioner no. 2 (male partner) was born on August 20, 1997, making them 19 and 24 years old, respectively, according to their High School mark sheets.

On February 17, 2021, the woman is said to have applied for conversion from Muslim to Hindu. The District Magistrate has sought a report from the concerned police station on the said application, according to which both of them are major.

In the same report, it is also said that petitioner no. 2's father opposes the marriage, although his mother is in favour of it. Also, neither of the girl's parents are in favor of their marriage.

In light of the foregoing, the petitioners have requested the Court for a writ of mandamus directing the State-respondents to provide protection to the petitioners, who are facing a threat to their lives.

The court observed that “it cannot be disputed that two adults have the right of choice of their matrimonial partner irrespective of the religion professed by them. As the petition is a joint petition by the two individuals who claim to be in love with each other and are major, therefore, in our considered opinion, nobody, not even their parents, could object to their relationship”.

The writ petition is dismissed, with the Court directing the third respondent to ensure that the petitioners are not harassed by respondent no. 5 or any other individual in connection with their relationship.

This order, however, should not be interpreted as the Court's final conclusion on the petitioners' ages, as the findings are solely prima facie in nature for the purposes of deciding the controversy.

It is noted that if any F.I.R. is filed against any of the petitioners, the order will not interfere with the investigation, the order states.

Tagged: Allahabad HC   matrimonial partner   Division Bench   Justice Deepak Verma   Justice Manoj Kumar Gupta   District Magistrate  
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