STOCK MARKET BSE NSE

Choosing partner without religion bar is a right, says HC amid 'Love Jihad' debate

Critiquing an earlier verdict of the same court, which claimed “conversion just for the purpose of marriage is unacceptable,” the bench said it had not laid good law.

Published: 24th November 2020 02:26 AM  |   Last Updated: 24th November 2020 10:51 AM   |  A+A-

indian wedding, marriage, marriage ceremony, wedding

Representational Image. (File Photo)

By Express News Service

NEW DELHI: Disposing of an interfaith marriage case, a division bench of the Allahabad High Court recently observed that the 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. 

Critiquing an earlier verdict of the same court, which claimed “conversion just for the purpose of marriage is unacceptable,” the bench said it had not laid good law.

A bench of justices Pankaj Naqvi and Vivek Agarwal said: “We fail to understand that if the law permits two persons even of the same sex to live together peacefully then neither any individual nor a family nor even the state can have an objection to the relationship of two major individuals who out of their own free will are living together.”

The observation came on petitions filed by Salamat Ansari and Priyanka Kharwar seeking a direction not to arrest them and for quashing an FIR filed on her father’s complaint under Sections 363, 366, 352, 506 IPC and Section 7/8 POCSO Act, which was filed on behest of girl’s father. 

The couple in its petition stated that as they both had attained the age of majority and were competent to contract a marriage, they performed Nikah on August 19, 2019, after Priyanka Kharwar embraced Islam. 

“We do not see Priyanka Kharwar and Salamat as Hindu and Muslim, rather as two grown-up individuals who out of their own free will and choice are living together peacefully and happily over a year.... Interference in a personal relationship, would constitute a serious encroachment into the right to freedom of choice of the two,” the HC said.



Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp