Statute
Important Points
- Right to marry is a person of his/her choice is a Fundamental Right.
- Reunit inter-caste couple who were FORCED to divorce as family of woman didn't approve of the relationship
- Gujarat HC - Habeas corpus permitted lady to join the petitioner and live her own life as per her own wish - link
- Petitioner - Doctor ( Hindu) and Corpus ( Muslim ) - Nurse
- Directed the respondent authorities to set free the corpus and permit her to join the petitioner.
- Police was directed to provide adequate security and drop her at residential premises of petitioner
- Police shall file a report to the said effect before the court
- Major woman has RIGHT to decide about her marriage and her future.
- Allahabad HC -
- Women had "expressed" that she want to live with her husband, she is free to move as per her own choice without any restriction or hindrance by 3rd party.
- FIR u/s 366 IPC was quashed - Kidnapping and inducing women to marry.
- Major person proof
- When Certificate issued by Head Master, Higher Primary Education, - Section 94 of JJ Act held that when a certificate from school is available then any other evidence becomes SECONDARY in nature
- Should NOT be relied especially when Birth Certificate issued by competent authority and date of registration of birth - This certificate WILL NOT take precedence over school entry register and the certificate issued on basis of scholar register.
- Proof of Majority
- School certificate
- Date of Birth
- Ossification test ( report with 15days )
Case Laws Marriage
- Shakti Vahini Vs UOI & Others
- When 2 adults marry out of their violation; they choose their path; they consummate their relationship; they feel that it is their goal and they have the right to do so.
- Any kind of torture or torment or ill-treatment in the name of honor that tantamount to atrophy of choice of an individual relating to love and marriage by any assembly, whatsoever nomenclature it assumes is illegal and cannot be allowed .
Source
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