While issuing release order of an adult women desirous of inter-faith marriage, who was facing opposition from her family and confined at Nari Niketan, the Madhya Pradesh High Court has advised that she should priortize her academics first.
The division bench of Justice Sheel Nagu and Justice Manindar Singh Bhatti said that she should first concentrate on completing her education to such extent which assures her with source of livelihood to take care of her necessities and comforts without being dependent upon anyone including her husband.
The writ petition under Article 226 of the Constitution sought issuance of writ of habeas corpus for releasing the corpus from the alleged unlawful confinement.
It was alleged that the parents of the corpus are unable to approve of the marriage between corpus and the petitioner primarily because the petitioner belongs to a different religion and also that the corpus is of an impressionable age i.e. 19 years when she should prioratise completing her academic career over marriage.
The Court while allowing the writ corpus is more than 19 years of age and therefore, as per law is entitled to take a decision on the choice of marriage, however parents of corpus are equally concerned with the safety and security of their daughter and their cause of concern cannot be belittled when compared with the desire of corpus to get married to the petitioner.
The Court issued release of habeas corpus directing Nari Niketan at Pathar Khera District Betul to release the corpus forthwith and allow her to exercise right to personal liberty.
"The corpus has already attained the age of majority and, therefore, cannot be kept confined in Nari Niketan where she was lodged since last few days awaiting resolution of the dispute that arose between the petitioner, corpus and parents of corpus."
On parting note, the Court added that role of the father of the corpus does not come to an end if the corpus gets married (to anyone). The father continues to be father even after marriage of his daughter and, therefore, is equally entitled to ensure the safety and security of the daughter. Thus, this Court expects that the father of the corpus shall continue to keep in touch with the corpus and provide her with the financial and emotional assistance which she requires to the extent such assistance falls short and is unable to be provided by her spouse.
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(With input from news agency language)
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