Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Right to Marry - The right to marry is recognized as a legal right that exists prior to and independent of statutory provisions. Repeal of laws does not affect rights or liabilities of individuals married before the repeal; these rights are rooted in common law or customary law. For example, the disability of the wife arose not from the repealed sections but from the common law ["NONA v. MANUEL ET AL."].
Marital Rights and Status - Marriage confers specific rights, such as inheritance and custody. Under Muslim law, a mother's right to custody is lost upon marriage to a stranger, with variations among different schools (Hanafis, Shafeis). The right which a mother has to the custody of a minor daughter is lost on the marriage of the mother to a person not related to the minor within the prohibited degrees ["IN THE MATTER OF AN APPLICATION FOR A WRIT OF HABEAS CORPUS BY NONA SOOJA"].
Legal Recognition of Marriage Types - Different forms of marriage, such as diga and binna, have specific legal implications, especially concerning inheritance rights. For instance, a diga-married daughter gets a dowry as compensation. When she marries in binna her rights become perfected and crystallized ["VALLIAMMAI et al. v. ANNAMMAI et al."]. The law generally recognizes marriage validity based on legal formalities, but the status (diga or binna) affects inheritance and property rights.
Rights of Women and Customary Marriages - Under customary laws like Tesawalamai, a married woman’s ability to deal with immovable property without her husband's consent is limited. Under the Tesawalamai a married woman is not competent to deal with her immovable property without the concurrence of her husband ["CHELLAPPA et al v. KUMARASAMY et al."].
Marriages and Legal Remedies - The right to enforce marriage-related rights, such as custody or inheritance, depends on the existence of subsisting legal rights at the time of the claim. Writs like mandamus require a legal right that has been infringed and must be subsisting on the date of the petition ["Roshani VS State of U. P. - Allahabad"], ["Prateeksha VS State Of U. P. - Allahabad"].
Same-Sex Marriage and Equality Rights - In Hong Kong, the constitutional rights to equality do not extend to recognizing same-sex marriages, especially when limited by the Basic Law. The Court held that it would be inconsistent with that specific provision to permit reliance on the more general right to equality in BL25 and BOR22 either to mount a claim for a constitutional right to same-sex marriage ["SECRETARY FOR JUSTICE vs LI YIK HO - Court of Final Appeal"].
Inheritance Rights Based on Marriage Type - Diga and binna marriages influence inheritance rights. A diga married husband is entitled to inherit from his wife, even if she later acquires binna rights ["SENEVIRATNA v. HALANGODA et al."]. Marital status at the time of marriage and subsequent conduct determine legal rights to property.
Divorce and Personal Liberty - Under Muslim law, women have rights to divorce under certain conditions, but these are subject to formalities and legal recognition. The right of wife to divorce husband on the ground of desertion... is recognized under Shafei law ["RABIA UMMA v. SAIBU"]. Personal liberty is balanced against statutory marriage rights.
Analysis and Conclusion:Marriage rights are deeply embedded in both statutory and customary law, with distinctions based on the type of marriage, religious law, and customary practices. Rights acquired before law repeal or change generally remain protected, but specific rights like custody and inheritance are often contingent on the marriage's legal form and status. Courts emphasize the importance of subsisting legal rights at the time of claim, and constitutional provisions may limit recognition of certain marriage types, as seen in the context of same-sex marriage in Hong Kong. Overall, the legal framework aims to balance individual rights, customary practices, and statutory law to regulate marriage and related rights effectively.
Marriage is a cornerstone of personal life, but what does the Indian Constitution say about your right to marry? Many individuals wonder: What is the right to married? This question touches on fundamental freedoms, autonomy, and state intervention. In this post, we delve into Supreme Court interpretations, key limitations, and practical insights to help you navigate this vital legal terrain.
Drawing from landmark judgments, we'll explore how Article 21 safeguards the choice of a partner while outlining boundaries. Whether you're planning a union or facing interference, understanding these principles is crucial. Note: This is general information based on judicial precedents and not personalized legal advice—consult a lawyer for your situation.
The Supreme Court has firmly rooted the right to marry a person of one's choice in Article 21 of the Constitution, which guarantees life and personal liberty. This right encompasses autonomy, privacy, and dignity for competent adults capable of free consent.
As affirmed: The right to marry a person of one's choice is integral to Article 21 of the Constitution. Shafin Jahan VS Asokan K. M. - 2018 4 Supreme 144 Courts emphasize that intrinsic to liberty is the ability to make decisions central to happiness, including love and partnership. Shafin Jahan VS Asokan K. M. - 2018 4 Supreme 144Nazia Khurshid VS Union Territory Of J&K - 2020 0 Supreme(J&K) 104Veena Devi VS Union Territory Of J&K - 2020 0 Supreme(J&K) 96Mohd. Pervaiz VS Union Territory Of J&K - 2020 0 Supreme(J&K) 31Rubana Naz VS Director General of Police, J&K, Police Headquarters - 2019 0 Supreme(J&K) 347Lakshmi Kumar VS Director General of Police, Jammu - 2018 0 Supreme(J&K) 782
In Shafin Jahan, the Court overturned a High Court annulment, stating: The choice of a partner whether within or outside marriage lies within the exclusive domain of each individual. Intimacies of marriage lie within a core zone of privacy, which is inviolable. Safiya Sultana Thru. Husband Abhishek Kumar Pandey VS State Of U. P. Thru. Secy. Home, Lko. - 2021 0 Supreme(All) 31 Society or state has no role in dictating partners: Society has no role to play in determining our choice of partners. Shafin Jahan VS Asokan K. M. - 2018 4 Supreme 144
This aligns with Article 16(1) of the UDHR: Men and women of full age... have the right to marry and to found a family... Marriage shall be entered into only with the free and full consent of the intending spouses. Nazia Khurshid VS Union Territory Of J&K - 2020 0 Supreme(J&K) 104Veena Devi VS Union Territory Of J&K - 2020 0 Supreme(J&K) 96Mohd. Pervaiz VS Union Territory Of J&K - 2020 0 Supreme(J&K) 31Rubana Naz VS Director General of Police, J&K, Police Headquarters - 2019 0 Supreme(J&K) 347
While partner choice is protected, there's no absolute fundamental right to state-conferred marital status without legislation. Marriage is a pre-existing social institution, governed by personal laws or the Special Marriage Act.
Marriages in India take place either following the personal Law of the Religion to which a party is belonged or following the provisions of the Special Marriage Act... Civil marriage or recognition of any such relationship, with such status, cannot exist in the absence of statute. Supriyo @ Supriya Chakraborty VS Union of India - 2023 0 Supreme(SC) 1046 Courts protect relationships like cohabitation and intimacy under Article 21 but won't mandate new statuses: There cannot... be a per se assertion that there exists an unqualified right to marry which requires treatment as a fundamental freedom... the constitution does not expressly recognize a right to marry. Supriyo @ Supriya Chakraborty VS Union of India - 2023 0 Supreme(SC) 1046
For instance, live-in relationships may warrant protection from violence, but if they involve bigamy (e.g., without divorce), they aren't shielded by mandamus and can violate IPC Sections 494/495 or personal laws like Muslim Law. Gajala VS State Of U. P. - 2024 Supreme(All) 478
Courts exercise parens patriae jurisdiction only for incapable persons like minors or those of unsound mind. They cannot intrude into adult consensual marriages or judge partner suitability: The superior courts, when they exercise their jurisdiction parens patriae do so in the case of persons who are incapable of asserting a free will such as minors or persons of unsound mind. The exercise of that jurisdiction should not transgress into the area of determining the suitability of partners to a marital tie. Shafin Jahan VS Asokan K. M. - 2018 4 Supreme 144Safiya Sultana Thru. Husband Abhishek Kumar Pandey VS State Of U. P. Thru. Secy. Home, Lko. - 2021 0 Supreme(All) 31
To enforce rights, competent adults can seek habeas corpus or writs against improper annulments.
The right isn't absolute. Here are principal restrictions:
Health Risks: Suspended for communicable venereal diseases (e.g., HIV) until cured or disclosed. Non-disclosure invites IPC Sections 269/270 liability. Right to marriage is not an absolute Right... so long as a person is not cured from communicable venereal disease... right to marriage cannot be enforced through court of law and shall be treated to be a suspended right. X VS Hospital Z - 1998 9 Supreme 220
Age/Minors: Child marriages are invalid; intercourse with wives under 18 is rape under POCSO, overriding prior IPC exceptions. Independent Thought VS Union of India - 2017 7 Supreme 673
Regulatory Frameworks: State can impose procedural conditions via personal laws or Special Marriage Act, but not dictate choice. Shafin Jahan VS Asokan K. M. - 2018 4 Supreme 144Supriyo @ Supriya Chakraborty VS Union of India - 2023 0 Supreme(SC) 1046
Void/Voidable Marriages: Limited property rights for children, though legitimacy may be statutorily conferred. Revanasiddappa VS Mallikarjun - 2011 0 Supreme(SC) 345
Relatedly, the right to divorce is also integral to Article 21: Right to life cannot be controlled, regulated or denied except by procedure established by law. It is now well settled that right to marry and the right to secure divorce must be reckoned as basic and essential incidents of the right to life. Saumya Ann Thomas VS Union of IndiaSaumya Ann Thomas VS Union of India, Represented by the Secretary, Department of Law & Justice - 2010 Supreme(Ker) 146 Courts have struck down arbitrary waiting periods in the Divorce Act as violating Articles 14 and 21. Saumya Ann Thomas VS Union of India
In matrimonial disputes, proving validity under customary or statutory law is key—the burden lies on the claimant. Failure to prove can lead to declarations favoring valid unions. A.Athisa, W/o late S. Akha vs L. Asha, d/o late Lokho - 2025 Supreme(MANIPUR) 4
Consider spousal rights post-marriage: A lawfully married wife has an indefeasible right to residence and maintenance, even extending to utilities like electricity connections, independent of prior dues. ARUN SHAW VS CESC LIMITED - 2001 Supreme(Cal) 446
In community contexts, courts direct registration of civil divorce decrees to enable future choices, overriding informal bodies. Abizar N. Rangawals VS Sakina - 2021 Supreme(Mad) 2526
For restitution of conjugal rights, withdrawal must be for sufficient cause—minor issues don't suffice under Hindu law. Balbir Kaur VS Charanjit Singh - 2009 Supreme(P&H) 122
Live-in claims without divorce from prior spouses face rejection, as they may constitute offenses. Gajala VS State Of U. P. - 2024 Supreme(All) 478
In summary, while the right to marry embodies personal liberty, it's balanced against public health, age, and legal procedures. For non-traditional setups, relationships enjoy Article 21 safeguards, but formal recognition needs statutes.
Disclaimer: This overview draws from precedents like Shafin Jahan VS Asokan K. M. - 2018 4 Supreme 144, Safiya Sultana Thru. Husband Abhishek Kumar Pandey VS State Of U. P. Thru. Secy. Home, Lko. - 2021 0 Supreme(All) 31, Supriyo @ Supriya Chakraborty VS Union of India - 2023 0 Supreme(SC) 1046, and others. Laws evolve—always consult a qualified attorney for advice tailored to your circumstances.
#RightToMarry, #Article21, #MarriageRightsIndia
This section contains the following proviso :- " Provided, however, that such repeal shall not affect any act done or right or status acquired while such sections were in force, or any right or liability of any husband or wife married before the commencement of this Ordinance, to sue or ... " Provided, however, that such repeal shall not affect any act done or right or status acquired while such sections were in force, or any right or liability of any husband or wife married bef....
The petitioner was first married to one Kamer, and the girl Nona Rahuel was their daughter. The petitioner divorced her first husband, the father of the child. She next married one Miskin, who is now dead. She was then married for a third time to one Laxana, who is now living with her. ... In the present case the petitioner who is the mother is married to a stranger and cannot claim the custody of the child from the first respondent, the mother's mother. The right of the maternal grandmother was u....
Section 2 of the Act of 1937 merely recognised the existing view of the Mahomedan Law and the Act of 1939 cannot be construed to create a new right or remedy into a muslim woman and, therefore, it is not essential that the exercise of right under the Personal
Petitioner No. 1 was previously married with one Rahul son of Chhetrapal resident of Roorkee, District- Haridwar, State of Uttarakand and they got their married dissolved through mutual compromise on 16.09.2022 executed before notary public at Saharanpur and since then, petitioner No. 1 is not concerned ... sexual intercourse between a married person who is not one's husband or wife, cannot be said to be a relationship in the nature of marriage. ... It is settled law that writ of mandamus can be issued if the petitioner has a legal #HL_ST....
She was admittedly married after the date of action brought, and the District Judge has found as a fact that she was married in diga. I have come with reluctance to the conclusion on that point he is right. ... -After the death of the father, the brothers cannot compel a sister to marry in diga and thus deprive her of her right to a share of the paternal inheritance. Even if the second plaintiff had married in diga after the institution of the action she would not lose her rights. ... The second pl....
One of the conditions for exercising power under Article 226 for issuance of a mandamus is that the Court must come to the conclusion that the aggrieved person has a legal right, which entitles him to any of the rights and that such right has been infringed. ... In order to obtain a writ or order in the nature of mandamus, the applicant has to satisfy that he has a legal right to the performance of a legal duty by the party against whom the mandamus is sought and such right must be subsisting on the date of the petition.....
right was stopped by A’s neighbours, are relevant facts. ... Section 13 of the Evidence Act, 1872 states that Facts relevant when right or custom is in question- Where the question is as to the existence of any right or custom, the following facts are relevant:- a) any transaction by which the right or custom in question was created ... Illustration the question is, whether A has a right to a fishery. ... However, some limitation on the property rights of such children is still there in the sense their....
in the Basic Law that limited that right to heterosexual couples only and the Court held that it would be inconsistent with that specific provision to permit reliance on the more general right to equality in BL25 and BOR22 either to mount a claim for a constitutional right to same-sex marriage ... Sham concerned a claim to a constitutional right to same-sex marriage by reason of the right to equality enshrined in BL25 and BOR22, alternatively that the laws of Hong Kong, i....
First, whether the defendants were married at the date of the execution of tile deed, and, secondly, if they were married, whether the wife could effect a valid transfer without the consent of her husband. ... For these reasons I think the judgment appealed from is right, and would dismiss the appeal with costs. Appeal dismissed. ... Tesawalamai-Right of wife to deal with immovable property without consent of husband-Marriage according to Hindu custom after having given notice of marriage under the Marriage....
The law had devised that remedy by the Act which gave a married woman the right to sue in her own name for her own benefit. The legal objection was bad, and the action should proceed." ... These had now been swept away by the Married Woman's Property Act, 1882. He was of opinion that the rights of the two parties were the same. The difficulty had been, not that there was not the right, but that the remedy had not been devised. ... She was in the eye of the law a femme sole, and enjoyed all the rights which a #HL_ST....
(c) Such a right cannot denied on the ground of she being woman. The order of decree of dissolution of marriage between the parties passed by the Family Court is binding upon the Jamath and thus, I find that in exercise of powers conferred upon this Court under Section 482 of Cr.P.C., this Court directs the Jamath of Bohra community situated in Chennai that the Jamath is hereby required to register the decree of divorce passed by the competent Court in O.S.No.73 of 2012 between the parties so as to enable the wife to decide the future course of action in her life which this Court feels that ....
This procedure cannot be arbitrary, fanciful or oppressive and must necessarily answer the test of fairness, propriety and reasonableness. Right to life cannot be controlled, regulated or denied except by procedure established by law. It is now well settled that right to marry and the right to secure divorce must be reckoned as basic and essential incidents of the right to life.
Right to life cannot be controlled, regulated or denied except by procedure established by law. It is now well settled that right to marry and the right to secure divorce must be reckoned as basic and essential incidents of the right to life. This procedure cannot be arbitrary, fanciful or oppressive and must necessarily answer the test of fairness, propriety and reasonableness.
That marriage had taken place on the very day the parties to the present cause got married. That decree was obtained on the basis of factual misrepresentation. Mst. Surjit Kaur, a sister of father of the appellant-wife, also got married to Lachman Singh, a real brother of the respondent-husband. Mst. Surjit Kaur was maltreated by Lachman Singh aforementioned who (Lachman Singh) obtained an exparte decree of divorce against Mst. Surjit Kaur.
The marital obligation of Hindu husband amongst other is to give shelter and maintain his wife. So, the petitioner No. 2 has right of residence with her husband at the premises in question a fortiori a lawful occupant. As such she is eligible to get electric supply line. This is almost indefeasible right of lawfully married wife originate from marital relationship.
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