[Breaking] "Right To Choose A Partner Of Choice A Fundamental Right": Allahabad High Court Says The Judgments Which Held "Conversion For The Purpose Of Marriage Only" Not Good Law
4 years, 4 months ago

[Breaking] "Right To Choose A Partner Of Choice A Fundamental Right": Allahabad High Court Says The Judgments Which Held "Conversion For The Purpose Of Marriage Only" Not Good Law

Live Law  

In an important ruling, the Allahabad High Court recently specifically observed that "Right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty." Salamat Ansari and Priyanka Kharwar @ Alia along with two others moved the High Court seeking quashing of FIR under Sections 363, 366, 352, 506 IPC and Section 7/8 POCSO Act. Further, the Court noted, "Right to live with a person of his/her choice irrespective of religion professed by them is intrinsic to right to life and personal liberty. Notably, the Court remarked, " Decision of an individual who is of the age of majority, to live with an individual of his/her choice is strictly a right of an individual and when this right is infringed it would constitute a breach of his/her fundamental right to life and personal liberty as it includes right to freedom of choice, to choose a partner and right to live with dignity as enshrined in Article 21 of the Constitution of India."

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History of this topic

Giving Freedom Some Breathing Space: The Allahabad High Court's Landmark Judgment On Notice Under Special Marriage Act
4 years, 2 months ago

Giving Freedom Some Breathing Space: The Allahabad High Court's Landmark Judgment On Notice Under Special Marriage Act

Live Law  

Yesterday, a single judge of the Allahabad High Court handed down an important judgment reading down Sections 4 & 5 of the Special Marriage Act, which requires couples to notify Marriage Officers one month in advance of their marriage, and for Marriage Officers to publicise such a notification. Drawing precedent together, Justice Chaudhary concluded by observing that: "The law as …

"High Court Held It As Bad Law": Supreme Court Rejects Plea Against Allahabad High Court's Order Disapproving "Religious Conversion For Marriage"
4 years, 3 months ago

"High Court Held It As Bad Law": Supreme Court Rejects Plea Against Allahabad High Court's Order Disapproving "Religious Conversion For Marriage"

Live Law  

A three judge bench of the Supreme Court bench including Chief Justice of India SA Bobde, Justice. V Ramasubramanian dismissed the petition filed by Advocate Aldanish Rein for setting aside an Order passed by Allahabad High Court which held that conversion solely for the purpose of marriage are not valid in the eyes of Law. Subsequently a Division Bench of …

Won’t interfere in personal relations, says Allahabad High Court
4 years, 4 months ago

Won’t interfere in personal relations, says Allahabad High Court

The Hindu  

The right to live with a person of his or her choice irrespective of religion is intrinsic to the right to life and liberty. Interference in a personal relationship would constitute a serious encroachment into the right to freedom of choice of two individuals, the Allahabad High Court has noted. A Division Bench of Justices Pankaj Naqvi and Vivek Agarwal …

'Not Hindus, Muslims for Us, Couples' Right to Choice Prevails': Amid 'Love Jihad' Row, Alld HC Observes
4 years, 4 months ago

'Not Hindus, Muslims for Us, Couples' Right to Choice Prevails': Amid 'Love Jihad' Row, Alld HC Observes

News 18  

Amidst row over inter-faith marriages, the Allahabad High Court in a key verdict has said two adults have the right to choose their life partner. The court said that the law allows two adults to live together, whether they are of the same or opposite sex. At the same time, taking into the right of a father to meet his …

Supreme Court restores marriage of Hadiya after 9 months
7 years ago

Supreme Court restores marriage of Hadiya after 9 months

Deccan Chronicle  

New Delhi: In a perfect happy-ending to a tumultuous and often tragic love story, the Supreme Court on Thursday restored the marriage of Hadiya alias Akhila Asokan, 25, with Shafin Jahan, 28. “The fact that Hadiya was married or not was irrelevant to decide the habeas corpus petition,” the apex court said, adding that the NIA cannot go into the …

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