Right to marry person of choice existed in ancient times as ‘Swayamvar’

Punjab and Haryana High Court observe !

Chandigarh – “Swayamvar i.e. marriage by your own choice is not a modern phenomena. Its roots can be traced in ancient history including holy books like Ramayana and Mahabharata. Our Constitution in terms of Article 21 is enforcing this human right as a fundamental right,” the Court said. The Court quashed an FIR lodged against a man on the allegations of kidnapping a girl and later solemnizing marriage with her.

‘Swayamvar’ A Fundamental Right Under Article 21, Its Roots Can Be Traced To Ramayana, Mahabharata: Punjab & Haryana High Court @ISparshUpadhyay #PunjabandHaryanaHighCourt #Article21 #marriage https://t.co/JTiQeXPmIM

— Live Law (@LiveLawIndia) February 25, 2023

The Court also opined that in Indian culture marriage is neither a compromise nor a contract but it is a sacrosanct knot of two families, the Court. It (marriage) is not a physical meeting of two persons of opposite sex whereas it is the most important & pious institution of our society where two families become one. The importance of marriage further finds support from the fact that a child from a couple without marriage is not as recognised as a child from a duly wedded couple. Justice Bansal added, “Object of law whether customary, religious or made by the legislature, is to protect life and liberty of every human being. An object of the law is not to disturb the settled life of anyone without his fault. A man can be punished for the commission of an offence, however, he cannot be punished just because his act is not liked by anyone else.”