Parental concerns cannot override adult woman's right to choose spouse: Kerala High Court

Parents' love and concern for their child's well-being cannot restrict the child's right to choose a spouse once the child attains majority, the Kerala High Court said while upholding a woman's right to marry a person of her choice..A Division Bench of Justices Raja Vijayaraghavan V and PM Manoj, therefore, ordered that a 27-year-old woman be set at liberty from the custody of her father who had detained her for being in a relationship with the petitioner who was from another religion.“Parental love or concern cannot be allowed to fluster the right of choice of an adult in choosing a man to whom she gets married,” the Court said in an order passed on June 3. .The order was passed in a Habeas Corpus plea filed by the petitioner, a Master's student in Germany.He claimed to be in an intimate relationship with a woman working as a Project Engineer. According to the petition, the woman's father opposed the relationship due to religious differences and subsequently detained her..The Court spoke with the woman, her father and the petitioner via video conference to ascertain the facts.During the interaction, the 27-year-old woman said that she was being held by her father against her will and expressed her desire to leave with the petitioner. .The Court referred to the Supreme Court's ruling in Shafin Jahan v. Asokan KM (Hadiya case), emphasizing the importance of honoring an individual's independent choice and ensuring freedom from unlawful restraint.It further noted that an individual's choice should be respected and protected as guaranteed by the Constitution, as long as it does not violate any legal framework."The role of the Court is to see that the detenu is produced before it, find out about his/her independent choice, and see to it that the person is released from illegal restraint. What is seminal is to remember that the song of liberty is sung with sincerity and the choice of an individual is appositely respected and conferred its esteemed status as the Constitution guarantees. It is so as the expression of choice is a fundamental right under Articles 19 and 21 of the Constitution, provided the said choice does not transgress any valid legal framework," the Court observed..Hence, it ruled in favor of the petitioner and allowed the woman to leave her father's custody and join the petitioner..The petitioner was represented by advocates Nobel Raju, CR Rajakumar, and Aleena Jose.Advocates T Sanjay and Sanil Kumar G represented the respondents.