Daily law MCQ Today
In Shafin Jahan v. Asokan K.M. (2018), the Kerala High Court had annulled Hadiya's…
Gender and Law Medium
In Shafin Jahan v. Asokan K.M. (2018), the Kerala High Court had annulled Hadiya's marriage on her father's habeas corpus petition. What did the Supreme Court hold?
Show answer and explanation
Answer: A. The High Court's order was set aside, because neither the State nor the law can dictate an adult's choice of partner.
Explanation
The Supreme Court set aside the High Court's order annulling Hadiya's marriage. Justice D.Y. Chandrachud held that the choice of a partner lies at the heart of personal liberty, so neither the State nor the law can dictate it. The tempting first option is wrong because a parent's concern does not give a habeas corpus court power to annul the marriage of a consenting adult.
- Legal provision:
- Article 21, Constitution of India