The Allahabad High Court condemned an adult woman’s decision to marry a person of her choice by her family, saying that such objections were disgusting.
The court said that the right to marry a person of its choice is preserved under Article 21 (Right to Life and Private Freedom) of the Constitution of India. With the said comment, the High Court provided security to a 27 -year -old woman wishing to marry a person of its choice.
The woman feared to be kidnapped due to her desire to marry a person of her choice. A bench of Justice JJ Munir and Justice Praveen Kumar Giri said, “Objectioning the 27 -year -old woman’s decision to marry a person of his choice is disgusting. Every adult has this right under Article 21 of the Constitution.”
The court clarified that it does not know whether the petitioners- the women, father and brother of the house really intend to kidnap or not, but the case reflects a large social issue (differences between the constitutional and social rules rules).
The court said, “Social and family opposition to the exercise of such rights, clearly portrays the ‘difference of values’ between constitutional and social rules. As long as this difference will remain, such incidents will happen.”
The court was hearing a petition filed by the father and brother of the woman (fourth defendant), requesting the woman to cancel the FIR registered under Section 140 (3) (kidnapping), 352 (deliberately insulting the intention of disturbing the peace) and the FIR lodged under others.
In the FIR, the woman has expressed the possibility of kidnapping her against her desire to marry a person of her choice. However, the court has stayed the arrest of these petitioners in relation to the FIR, as well as the court has prevented the petitioners from making any kind of intervention in the woman’s life or in the life of the person she wants to marry.
The court, in its order given on June 13, ordered the lawyer and woman of the state government to file a counter -affidavit in the case and ordered the next hearing of the case on 18 July.