JUDGEMENT
M. Katju, J. -
(1.) -Learned standing counsel may file counter-affidavit within a month.
(2.) ISSUE notice to respondent No. 4 returnable at an early date.
The petitioners have appeared before us in person and we are satisfied that they are majors. They have stated that they have married with each other and are living with each other of their own free will.
It is alleged in para 10 of the petition that the police is trying to arrest the petitioner No. 1 and hand her over to her father, respondent No. 4. In our opinion, since the petitioner No. 1 is a major, the police cannot do that.
(3.) THIS is a free, democratic and secular country. Under Article 21 of the Constitution, every major has a right to go wherever he/she likes and to marry whomever he/she likes. In our opinion, this right is a part of Article 21 of the Constitution, which is the most important of the fundamental rights in the Constitution. THIS Court will not tolerate infringement of this right in any manner.
We are very sorry to note that in District Muzaffarnagar a large number of such incidents are happening where major boys and girls who have fallen in love with each other are being harassed by the parents or their relatives or caste members and some times they are beaten or even killed. This is nothing but a feudal barbaric practice and it will not be tolerated in the modern age.;
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