The Allahabad High Court on Thursday said that two adults have the right to choose their matrimonial partner irrespective of the religion they profess.
The Division Bench of Justice Deepak Verma and Justice Manoj Kumar Gupta passed this order while hearing a petition filed by Shifa Hasan and another.
The petitioners claim that they are in love with each other and are living together out of their sweet will. They belong to different religions and the said fact is not acceptable to respondent no. 5 (father of the woman).
The categorical case of the petitioners is that both of them are major. It is alleged that the date of birth of petitioner no. 1(woman), as per High School mark-sheet is June 25, 2002 and that of petitioner no. 2 ( Male partner) as per High School mark sheet is August 20, 1997 and thus, they are 19 and 24 years of age, respectively.
The woman is stated to have filed an application for conversion from Muslim to Hindu on February 17, 2021. On the said application, the District Magistrate has called for a report from the concerned police station according to which also both of them are major.
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It is also stated in the said report that father of petitioner no. 2 is not agreeable to the marriage whereas his mother is ready for the same.
It is further stated that both the parents of the girl are also not agreeable to their marriage.
In the aforesaid background, the petitioners have approached the Court praying for a writ of mandamus commanding the State-respondents to provide security to the petitioners as they are apprehending threat to their life.
“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 Court observed.
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The writ petition is disposed of with direction to the third respondent to ensure that the petitioners are not subjected to any harassment by respondent no. 5 or by any other person in connection with their relationship with each other, the Court ordered.
“This order will, however, not be taken to mean that the Court has expressed any final opinion regarding the age of the petitioners as the findings are only prima facie in nature for the purposes of deciding the controversy.
It is clarified that in case there is any F.I.R. registered against any of the petitioners, the order will not come in way of investigation”, the order reads.