In Sanjeev Kumar vs. State of H.P. and others, 2021 the Himachal Pradesh court held that “a girl is not a cattle, she is an independent soul with the rights. She can decide whom she wants to marry or to live with”.
The petition filed before the court by Sanjeev Kumar claiming that Ms Komal Parmar detained by her family and friends in her home so that she can be restrained from solemnizing the marriage with the petitioner.
The main issue behind preventing the solemnization of marriage is the caste of the petitioner. The petitioner Sanjeev Kumar belongs from the lower caste while Ms Komal Parmar belongs from the upper caste, and their family don’t want to accept a petitioner who belongs from the lower caste as his son in law.
This is the cause behind the illegal detention and abduction of Ms Komal Parmar by her own family, friends and relatives.
The petitioner pleaded before the court to give directions to produce Ms Komal Parmar in the court to ascertain her wishes and security for the family and property of the petitioner.
Under the court’s order, Ms Komal Parmar appeared before the court. She mentioned the detention and abduction by her family and friends and told the court that the only reason behind this is the inter-caste marriage supposed to be solemnized.
Justice Vivek Singh Thakur observed that independence of thought is the fundamental feature of an independent court.
“Right to marry, or for a valid reason, not to marry or right to choose the spouse” are the rights which are not only provided by the constitution but also our ancient Indian society supports these rights.
Vedas are the paramount law of dharma, under which the women have the right to choose her partner whom she wants to marry.
The court cited the example of the marriage of Lord Shiva and Sati against the wishes of her father, Shree Krishna marriage with Rukmani against the wishes of her brother, marriage of Subhadra and Arjun, the marriage of Shantanu and Satyavati, etc.
The court also mentioned that unlike western society man who see woman only for his enjoyment. In indian society women are not even equal but on a high pedestal in comparison to men.
Inter caste marriage concept misunderstood due to the evils of medieval society. Neither our constitution nor our ancient rich values opposed inter-caste marriage or the right to choose a spouse.
The court ordered on based fact and circumstances of the case Ms Komal Parmar has the right to choose her spouse and the place where she wants to live. And gave directions for the security of Ms Komal Parmar and Mr Sanjeev Kumar.