Why did the Supreme Court in a landmark case against marriage equality declare that the practice of arranged marriage was illegal?
- by admin
A few weeks ago, a landmark judgement was delivered in a case involving the constitutional validity of arranged marriages.
The case involved a couple, Aamir Khan and Sonu Apte, who were denied marriage by the Punjab Government because of their “out-of-wedlock” marriages.
In this case, the Punjab High Court declared that out-of, married couples in a community are not entitled to the same rights as married couples under Section 4(1)(b) of the Constitution.
The High Court also declared that marriages between persons of the same sex are not recognized under the law.
The Punjab Government has been accused of violating the Constitution, which prohibits the imposition of any discrimination against any section of society.
The Punjab Government’s appeal against the High Court judgement is now pending before the Supreme Courts in both Punjab and Karnataka.
In a letter sent to the Karnataka High Court, a lawyer for the Punjab government alleged that the High Courts decision was contrary to the judgment passed in a separate case, in which a court had declared that the constitutional guarantee of equal protection of the law extends to all persons irrespective of their race, religion, caste, sex, marital status or political affiliation.
In the letter, a prominent lawyer from the Punjab Law Society, Dr Raghav Kumar Mishra, alleged that there was no constitutional guarantee to the right to marry, which is a fundamental right of every citizen irrespective of race, caste and religion.
The letter stated that “the State of Karnataka is not bound by the judgment of the Punjab high court” and that the Punjab Supreme Court is bound to the judgement of the Karnasa High Court.
The Karnataka Supreme Court has yet to rule on the issue of marriage equality in the High courts, however, it has recently decided to take up the case.
The Karnataka Government has requested the High Supreme Court to hear the case and send a legal opinion on the legality of arranged and arranged marriages before the Court.
The Supreme Court, however has not yet sent a formal judgment.
In May, the Karnasagar High Court issued a similar order against arranged marriages which the Punjab and the Karnasesagar High Courts have agreed to hear.
A few weeks ago, a landmark judgement was delivered in a case involving the constitutional validity of arranged marriages.The case…
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