Love Is Blind And More Powerful Than Affection Of Parents Karnataka HC While Dismissing Father's Plea After Girl Eloped With Driver
A Division Bench of the Karnataka High Court, while dismissing a Habeas Corpus petition filed by the father of a 19 year old girl who had eloped with a driver in the college where she was studying, said that love is blind and more powerful weapon than the love and affection of the parents, family members and the society at large.
The Bench of Justice B. Veerappa and Justice K. S. Hemalekha also observed in its judgment that what children do to their parents today, they will get back tomorrow.
Senior Advocate Satish M. Doddamani appeared for the Petitioner while Advocate Rohit B.J. appeared for the state.
The father of the girl claimed that his daughter who was staying at a hostel of an engineering college was suffering from severe depression and the driver at the hostel befriended her and took advantage of her innocence and convinced her to go with him. The father produced a Doctor's certificate about her state of mind.
The Judges interacted with the couple in Court and the girl insisted that she is in a fit state of mind and that she never went to the Doctor who issued the certificate. The couple claimed that they got married in a Temple and assured that they will live together happily.
The Court observed that children should understand the fact that without their parents, they would not have been on the earth and would not have enjoyed the educational prospects including job, wealth and rather luxuries and it is only the parents' contribution.
The Court said that instead of eloping with her now-husband she should have thought of her studies and informed her parents about her love for him and ought to have tried to convince her parents with regard to her marriage to him.
"It is high time for the children to know that the life consists of reaction, resound and reflection. What they are doing to their parents today, would get back exactly tomorrow. What is the use of their education, power-position and wealth, when it does not help them to change their destiny. When the bad thoughts enter their mind; their education, intelligence, power and weaith become futile and meaningless", the Court commented.
The Court observed that "There is no greater God than parents. There is no greater Dharma than compassion, there is no enemy greater than anger, there is no wealth greater than good reputation, bad reputation is death itself. Even according to Manusrnruthi, no person can repay his parents even in 100 years for all the troubles that they go through to give pitth to him/her and raise him/her to adulthood. Therefore, always try to do whatever pleases your parents and your teacher, because only then does any religious worship done by you will bear some fruit".
The Court also said that "The Constitution protects the ability of each individual to pursue a way of life or faith to which she or he seeks to adhere. Matters of dress and of food, of ideas and ideologies, of love and partnership are within the central aspects of identity."
The Court said that society, including the parents, has no role to play in determining the choice of partners. "It is well settled that the autonomy or the individual is the ability to make decisions on vital matters of concern to life. The intersection between one's mental integrity and privacy entitles the individual to freedom of thought, the freedom to believe in what is right, and the freedom of self determination. The family, marriage, procreation and sexual orientation are all integral to the dignity of the individual as in the present case" the Court said.
The Court dismissed the petition while expressing hope that the couple will lead a happy married life. The Court directed that the parents or family members should not interfere with the personal life of the couple.
"The love should be from "heart to heart and not mere external attraction." It is nature's decision and not anybody's and the parents should accept the nature's decision and should not go against the nature"the Court said while advising the couple to get their marriage registered.