Debangana Ray
Published on June 29, 2022 at 18:00 IST
The Patna High Court Bench comprising of Justices Ahsanuddin Amanullah and Purnendu Singh while dealing with a Habeas Corpus plea moved by one Amit Raj, stated that the societal approval of intimate personal relationships is not a basis for granting them recognition in the eyes of law.
In compliance with the Court’s order, the girl/wife produced before the court where the court asked her whether she voluntarily married the petitioner. The girl replied in the affirmative and was willing to reside with him.
After the court became convinced that the marriage between the petitioner and the girl was genuine, the father of the girl accepted the marriage but stated that his only concern is the safety of his daughter.
The family members of the petitioner assured that she would be given her due status and respect and they would also actively support her in her aspirations.
In view of this, the High court while citing numerous supreme court judgements stated that the constitution has recognized that a woman has the choice to select her partner.
Further, the court contended “The consent of the family/clan/community is unnecessary for two individuals to marry – it is an act of choice, and enshrined under Articles 19 and 21 of the Constitution;”
“The free ability of a person to decide on matters like marriage cannot be limited, and further, that societal approval of intimate personal relationships is not a basis for granting them recognition in the eyes of law.”
In view of the aforesaid discussion, the girl, without opposition from his father was permitted to accompany the petitioner/husband and go with him to to the matrimonial home from the Court itself.
To facilitate such exercise, the petitioner and his family members, and the wife were directed to visit the office of the SSP, Patna so that the modalities with regard to ensuring the safety and security of the wife could be worked out.
The Court also ensured the safety and well-being of the petitioner and his wife and made an order to this effect.
Further, a Title Suit before the Sub-Judge 1st, Gopalganj for declaring her marriage with the petitioner as null and void was dismissed by the Court.