Role of Judiciary in Expanding Horizon of the Free Will in Marriages

  • Dr. Vandita Sharma and Jaspreet Singh
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  • Dr. Vandita Sharma

    Assistant Professor at The Law School, University of Jammu, India

  • Jaspreet Singh

    Student at The Law School, University of Jammu, India

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For the expression of the right to free choice in family and marital relations, the right to choose one’s partner has been explored in all the aspects possible in this research article. The history of marriages in India has been a matter of traditions and religion from a historical perspective and has been evolving ever since Vedic times. From the practice of arranged marriages set by the families and society of the persons marrying each other, to choosing one’s partner freely has been a chronology of suffering, awareness, fighting and freeing oneself from the shackles of societal setup and conservative status quoists. When the attempts of the Indian legislature failed to provide protection to the couples marrying in inter-caste or inter-religion, the judiciary came to the rescue. With a plethora of judicial precedents, the right to choose one’s partner has been widely interpreted in the Courts across the country.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 3914 - 3919


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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