Consenting Adults Cannot be Deprived of Their Fundamental Rights Merely Because They Married Against Their Family’s Wish : P&H High Court

While hearing a case where both petitioners were Muslim, and apprehended danger to their life at the hands of respondents, Justice Alka Sarin of the Punjab and Haryana High Court held that
The Court cannot shut its eyes to the fact that the apprehension of the petitioners needs to be addressed.Merely because the petitioners have got married against the wishes of their family members they cannot possibly be deprived of the fundamental rights as envisaged in the Constitution of India.

It was observed that both the petitioners were of marriageable age as envisaged by Muslim Law. The issue in hand was not the validity of the marriage but the fact that the petitioners were seeking protection of life and liberty as envisaged under Article 21 of the Constitution of India.

Counsel for the petitioners submitted that a Muslim boy or Muslim girl who has attained puberty is at liberty to marry anyone he or she likes and the guardian has no right to interfere. Bench noted that the girl’s age was more than 18 years in the instant case. In view of the above discussion, Court disposed of the petition with a direction to Superintendent of Police to take the necessary action as per law.

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