The Himachal Pradesh High Court stated that refusing an individual’s right to choose a partner violates fundamental rights, emphasizing that women have the right to choose their husbands and live their own lives as they wish.
The court said that It is also necessary to deprecate the repression or deprivation of an individual’s freedom, which is opposed not just to his/her cultural and ethical rights, and also to constitutional rights.
We exist in a place regulated by the Constitution, and discrimination on the grounds of the class by restricting the right to choose a life partner is violative of fundamental rights which are guaranteed by the Constitution of India.
Justice Vivek Singh Thakur was hearing a petition filed by Sanjeev Kumar (petitioner) to get the custody of his partner, Komal Parmar, who’d been kept against her will by her friends and family.
It was claimed that Komal’s relatives opposed the relationship and threatened the couple, together with the parents of the complainant, because Kumar was of a lower class context and Komal was to the community of the high class.
Accordingly, the Court noted that’ the presence of God is not only in living organisms but also in non-living entities and, therefore, no one should be oppressed just because of sex, caste, religion, race, color or economic situation’
“Family, friends, and relatives cannot compel an adult to act as per their desires and interests by ignoring the want and desire of an individual.
The Court also directed the local officials to ensure the protection of the life and property of the complainant and his parents and, whenever possible, to provide Komal with prompt assistance.