The State has to respect for the capacity of the individual to make independent choices: Rajasthan High Court
Case Title: Abbasi Tanisfatima & Sh. Moise versus State Of Rajasthan & others.
Case No.: S.B. Criminal Writ Petition No. 1376/2023
Decided on: 05/07/2023
Coram: HON’BLE MR. JUSTICE BIRENDRA KUMAR
Facts of the case:
This criminal writ petition has been filed under Article 226 of The Constitution of India for protection to life and personal liberty of the petitioners.
The petitioners are major and have entered into marriage with each other which is registered one. The petitioners have approached this Court for protection of their life and liberty as private respondents are not accepting and recognizing their marriage.
Judgement:
The constitutional right of the petitioners let the State respondents ensure protection to the personal life and liberty of the petitioners. With the aforesaid observations, the instant petition stands disposed of. Stay application also stands disposed of.
Analysis:
The law is well settled that privacy and liberty of individuals cannot be infringed by taking the law in one’s hands. If there is allegation of violation of law, the aggrieved person may take legal recourse and no other step can be at the whim of anyone.
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Written by: Mahima Saini