Parents’ concern for the well-being of their children cannot restrict a consenting adult’s right to choose a spouse, the Kerala High Court said while upholding a woman’s right to be with her partner, reported Live Law on Monday.
A bench of Justices Vijayaraghavan V and PM Manoj passed the judgement on June 3 while hearing a habeas corpus petition filed by the woman’s partner. A habeas corpus is a petition through which courts can order the authorities to produce a person before it to verify if they have been detained.
The petitioner in the case is an Indian postgraduate student studying in Germany who alleged that his partner’s father opposed their relationship because he is from a different religion. The 27-year-old woman works in Thiruvananthapuram.
The plea alleged that the father of the woman detained her to prevent them from continuing their relationship.
The bench said that it had spoken to the woman via video conferencing on May 21 and that she had told them that she was being detained illegally. She told the court that she is employed at the National Transportation Planning and Research Centre in Thiruvananthapuram and wishes to be with her partner.
“As Ms X stated that she is illegally confined against her wish by the party respondent, we are of the view that this Writ Petition is only to be allowed,” the High Court said. “Ms. X is permitted to be set at liberty so that she may join the petitioner.”
A similar judgement was passed by the Allahabad High Court on June 7 where it said that an adult has the right to travel anywhere and live with a person of their choice and that they cannot be prevented from solemnising a marriage according to their will.
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