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Supreme Court of India 2018-04-09 allowed

Shafin Jahan vs Asokan K.M. and Ors

Bench: 3 — Dipak Misra, A.M. Khanwilkar, D.Y. Chandrachud

In Brief

Hadiya, a 24-year-old woman who studied homeopathy, left her parents' home in 2016 to pursue her education and accepted Islam as her faith. Her father filed a habeas corpus petition. The High Court of Kerala, after she married Shafin Jahan, annulled the marriage and returned her to her father's custody, invoking parens patriae doctrine. The Supreme Court set aside this decision, holding that the High Court had no jurisdiction to annul a marriage in habeas corpus proceedings. The Court held that an adult woman of sound mind has absolute autonomy over her choice of marriage partner, and this right is fundamental to Articles 19 and 21 of the Constitution. Parens patriae can only be invoked for mentally incompetent or minor persons, not for vulnerable adults capable of expressing free choice. The appeal was allowed.

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Constitutional Law Habeas Corpus Parens Patriae Right to Marry Personal Liberty Fundamental Rights Family Law Religious Freedom

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