Two Adults have the Right to Choose their Matrimonial Partner irrespective of their Religion – Allahabad High Court

The Petitioners aged 19 and 24 moved the Allahabad High Court seeking protection from the Respondents as they are an inter-faith couple. Shifa Hasan (a Muslim girl) and her partner who is a Hindu boy contended that they are in love with each other and live together out of their own will.

Shifa had filed an application for her conversion from Muslim religion into Hindu on which the District Magistrate called for a report from the relevant police station. The report stated that the father of the boy was not in favour of his marriage with Shifa whereas his mother is in agreement of the marriage. Also, both parents of Shifa are in disagreement of the couple living together and marrying each other.

Approaching the High Court, both Shifa and her partner claimed to be at a threat for their lives.

The Division Bench of the Allahabad High Court comprising of Justices Manoj Kumar Gupta and Deepak Verma stated that two adults can rightfully choose their partners for matrimonial purposes, irrespective of their religion. Even the parents of the adult individuals cannot object to their relationship.

“It cannot be disputed that two adults have right of choice of their matrimonial partner irrespective of religious professed by them….As the present petition is a joint petition by the two individuals who claims to be in love with each other and are major, therefore, in our considered opinion, nobody, not even their parents, could object to their relationship.” 

The Court Observed

The Courts noted the fact that the petitioner couple are major individuals aged 19 and 24.

The Court granted protection to the couple thereby directing the police to ensure that with respect to their relationship, the Couple is not harassed by any of the Respondents or any other person.

The Court clarified that this opinion is based only on the prima facie facts that help in deciding the issue of the threat to their lives and its protection. However, this Order shall not be considered as a final opinion with regard to the age of the Petitioners.

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