A division bench of Allahabad Court held that the "right to choose a partner, irrespective of religion, is intrinsic to right to life and personal liberty. Justice Pankaj Naqvi and Justice Vivek Agarwal held that the court, in two previous cases of interfaith marriages, where it observed that" conversion for the purpose of marriage is unacceptable" was not "good laws."
The division bench held that right to choose a partner irrespective of caste, creed, or religion is inherited under the right to life and personal liberty. In addition to this, the court held, "Interference in a personal relationship would constitute a serious encroachment into the right of freedom of choice of two individuals." The order of the court is in blatant contrast to the provisions of proposed 'Love Jihad' laws that declared marriages after conversion without permission will be declared null and void.
The High Court observed that the previous judgments in Smt. Noor Jahan Begum alias Anjali Mishra and Another vs. the State of UP and ors and Priyanshi alias Km Shamren and others Vs. State of UP and Another did not law as good laws since none of these judgments dealt with the issue of life and liberty of two mature individuals in choosing a partner.
The Court was hearing a ruling petition by Salamat Ansari and his wife, Priyanka Kharwar alias Alia, who had converted from Hinduism to Islam, against a police complaint lodged by her father. The court after hearing both parties asserted, "the decision of an individual, who has attained majority, to live with an individual of his/her choice is unequivocally a right of an individual and infringing this would constitute a violation of his/her fundamental right to life and personal liberty, which includes right to freedom of choice, to choose a partner and right to live with dignity as enshrined in Article 21 of the Constitution."
The judged stated, "We fail to understand if the law permits two persons even of the same sex to live together peacefully then neither any individual nor a family nor even State can have any objection to the relationship of two major individuals who out of their own free will are living together, We do not see Priyanka Kharar and Salamat as Hindu and Muslim, rather as two grown-up individuals who out of their own free will and choice are living together."