Annulment Of Marriage - Power Of High Court

Expression of choice in accord with law is acceptance of individual Identity. Curtailment of that expression and the ultimate action emanating there from on conceptual structuralism of obeisance to the societal will destroy individualistic entity of a person.

The social values and morals have their space but they are not above constitutionally guaranteed freedom. The said freedom is both a constitutional and a human right.

Deprivation of that freedom which is ingrained in choice on plea of faith is impermissible. Father in his own stand and perception may feel that there has been enormous transgressions of his right to protect the interests of his daughter but his view point or position cannot be allow to curtail the fundamental rights of his daughter who ,out of her own volition, married a person of her choice.

The Honble High Court had no jurisdiction to encroach in to a private space reserved space for women and me in which neither Law nor the judges can intrude. The High Court has lost sight of the fact a woman who is major, capable of taking her own conscience and is entitled to right recognized by the Constitution of India to lead her life exactly as he pleases.

The concern of the Court in intervening in such matter is about miscarriage of justice that has resulted in the High Court as much as about the paternalism which underlies the approach to constitutional interpretation.

Exercise of jurisdiction should not transgress in to area of determining suitability of partners to a marital tie. The decision rests exclusively with individual themselves. Neither State nor society can intrude in to that domain. The superior Court exercise of their jurisdiction parens patriae do so in case of persons who are capable of asserting a free will such as minors or person of unsound mind.

Courts as upholder s of constitutional freedoms must safeguard these freedoms.