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LANDMARK CASE

Shafin Jahan v. Asokan K.M.

(2018) 16 SCC 368 · Supreme Court of India · Family law

At a glance

  • Citation: (2018) 16 SCC 368
  • Court: Supreme Court of India
  • Area of law: Family law
  • In one line: No. The choice of a partner is part of Article 21, and the annulment was set aside.

1 Facts

The Kerala High Court annulled the marriage of an adult woman, Hadiya, in a habeas corpus case.

2 Issue

Can a court annul the marriage of a consenting adult?

3 What the court decided

No. The choice of a partner is part of Article 21, and the annulment was set aside.

4 Why it matters

It protected personal autonomy.

5 Think about it

What are the limits of a court's parens patriae role?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

How to analyse a judgmentHow to cite this case

7 More cases on Family law

  • ABC v. State (NCT of Delhi) (2015) 10 SCC 1
  • Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746
  • Badshah v. Urmila Badshah Godse (2014) 1 SCC 188
  • Bai Tahira v. Ali Hussain Fidaalli Chothia (1979) 2 SCC 316
  • Chanmuniya v. Virendra Kumar Singh Kushwaha (2011) 1 SCC 141
  • D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469

All 366 landmark cases · Today's Case of the Day · Weekly quiz

← Shafhi Mohammad v. State of Himachal PradeshShakti Vahini v. Union of India →

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