Right to marry person of choice existed in ancient times as 'Swayamvar'; now fundamental right under Article 21: Punjab & Haryana High Court

The right to marry a person of one's choice is not a modern one but was prevalent in ancient times and finds mention in holy books like Ramayana, Mahabharata as 'Swayamvar', the Punjab and Haryana High Court recently observed [Tek Chand v. State of Punjab and Others]..The Constitution of India enforces this right as a fundamental right under Article 21, single-judge Justice Jagmohan Bansal said."Swayamvar i.e. marriage by your own choice is not a modern phenomena. Its roots can be traced in ancient history including holy books like Ramayana, Mahabharata. Our Constitution in terms of Article 21 is enforcing this human right as fundamental right," the Court said.The Court, therefore, quashed a first information repot (FIR) which was registered against one Tek Chand on the ground that he had taken away the daughter of the complainant by enticing her on the pretext of marriage..The Court noted that the men and women involved in the matter had attained the age of majority and had entered into marriage though against the wishes of their parents.However, they are happily cohabiting and no one including the courts and law enforcement agencies have the right to disturb them, the Court made it clear."They have right to live their life in the way and manner they like. They are blessed with two children. With a pending criminal case, nobody can lead a happy life. State has no right to interfere in the life of a duly married couple," the Court observed..Tek Chand moved the Court seeking quashing of the FIR lodged against him for offences under Sections 363 (kidnapping) and 366A (procuring minor girl) of the Indian Penal Code.The father of a girl had alleged that Tek Chanda had taken away his daughter by enticing her on the pretext of marriage.Tek Chand informed the Court that the girl and he solemnized their marriage on July 3, 2019 and they are blessed with two children. It was also told that on September 17, 2019, both Tek Chand and the girl (now his wife) had moved the High Court seeking protection of their lives and liberty. The Court had then directed the senior superintendent of police (SSP), Sri Muktsar Sahib to take note on the representation of the petitioners and act in accordance with law.On the other hand, the respondents submitted that the complainant-father had appeared before the police authorities and had stated that he has no objection if further proceedings against Tek Chand are quashed..In this regard, the Court noted that since Tek Chand has already married the girl and they both are cohabiting, the State shall have no right to interfere."Continuance of criminal proceedings is not only going to disturb life of the petitioner but also there are all possibilities of disturbance in life of respondent No. 3 and their children. Our State is a welfare State, however, there is no mechanism to provide accommodation, food and other basic daily needs to the dependent of a convicted person. In our country, except stray cases of urban population, it is man who is earning and taking care of his wife and children," the Court stated.The Court also opined that in Indian culture marriage is neither compromise nor a contract but it is a sacrosanct knot of two families, the Court."It (marriage) is not physical meeting of two persons of opposite sex whereas it is most important & pious institution of our society where two families become one. Importance of marriage further finds support from the fact that a child from a couple without marriage is not as recognised as a child from a duly wedded couple.".In view of the above, the Court quashed the case against Tek Chand..[Read Judgment]

Right to marry person of choice existed in ancient times as 'Swayamvar'; now fundamental right under Article 21: Punjab & Haryana High Court

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