The Patna High Court recently observed that a girl, who has attained majority, is free to marry and/or reside with anyone of her choice [Amit Raj v State of Bihar]..A Division bench of Justice Ahsanuddin Amanullah and Justice Purnendu Singh made the observation while hearing a husband's plea claiming that his wife was in the captivity of her parents, who were unhappy with their marriage. "It is no more res integra that a girl, if major, is free to marry and/or reside with anyone of her choice...A woman’s choice of selecting her partner is a facet duly recognised by our Constitution as held in Asha Ranjan v State of Bihar," the Court said..The consent of the family/clan/community is unnecessary for two individuals to marry and it is an act of choice, and enshrined under Articles 19 and 21 of the Constitution, the Court emphasised placing reliance on Shakti Vahini v Union of India..The Court further opined that the situation would not be different, even if the modern concept of live-in was considered as long as the parties were majors, and chose to be together of their own volition without pressure or coercion..When the case was brought before the court, the petitioner expressed apprehension that his wife may be killed in the name of the family's honour. The Court, therefore, expressed a desire to interact with the woman.After she appeared before the bench, it was convinced that the marriage between the petitioner and his wife was genuine, and the couple wanted to continue with their marriage.The Court, therefore, permitted the wife to go to her matrimonial home."This Court, besides being bound to follow the law laid down by the Hon’ble Supreme Court, shall not hesitate to protect the fundamental rights of citizens," the order said. .The Court, therefore, directed the Senior Superintendent of Police, Patna to arrange for a lady police officer of sufficient seniority to exchange her mobile phone number with the petitioner's wife, and instruct the officer to receive and revert to any phone communication from her, and respond promptly..Additionally, the police authorities in Patna and Gopalganj were directed to factor in all material aspects to ensure that the family members of both sides were not put under any threat from any quarter..The petitioner was represented by Senior Advocate SD Sanjay, advocates Priya Gupta and Akshat Agrawal while the respondents were represented by advocates Ansul and Md. Sufiyan. Advocate Prabhu Narayan Sharma appeared for the State government..[Read Order]
The Patna High Court recently observed that a girl, who has attained majority, is free to marry and/or reside with anyone of her choice [Amit Raj v State of Bihar]..A Division bench of Justice Ahsanuddin Amanullah and Justice Purnendu Singh made the observation while hearing a husband's plea claiming that his wife was in the captivity of her parents, who were unhappy with their marriage. "It is no more res integra that a girl, if major, is free to marry and/or reside with anyone of her choice...A woman’s choice of selecting her partner is a facet duly recognised by our Constitution as held in Asha Ranjan v State of Bihar," the Court said..The consent of the family/clan/community is unnecessary for two individuals to marry and it is an act of choice, and enshrined under Articles 19 and 21 of the Constitution, the Court emphasised placing reliance on Shakti Vahini v Union of India..The Court further opined that the situation would not be different, even if the modern concept of live-in was considered as long as the parties were majors, and chose to be together of their own volition without pressure or coercion..When the case was brought before the court, the petitioner expressed apprehension that his wife may be killed in the name of the family's honour. The Court, therefore, expressed a desire to interact with the woman.After she appeared before the bench, it was convinced that the marriage between the petitioner and his wife was genuine, and the couple wanted to continue with their marriage.The Court, therefore, permitted the wife to go to her matrimonial home."This Court, besides being bound to follow the law laid down by the Hon’ble Supreme Court, shall not hesitate to protect the fundamental rights of citizens," the order said. .The Court, therefore, directed the Senior Superintendent of Police, Patna to arrange for a lady police officer of sufficient seniority to exchange her mobile phone number with the petitioner's wife, and instruct the officer to receive and revert to any phone communication from her, and respond promptly..Additionally, the police authorities in Patna and Gopalganj were directed to factor in all material aspects to ensure that the family members of both sides were not put under any threat from any quarter..The petitioner was represented by Senior Advocate SD Sanjay, advocates Priya Gupta and Akshat Agrawal while the respondents were represented by advocates Ansul and Md. Sufiyan. Advocate Prabhu Narayan Sharma appeared for the State government..[Read Order]
