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Allahabad high court says adults free to marry, live with person of their choice
The Allahabad high court said an adult's right to solemnise a marriage or live with a person of choice is protected Under Article 21 of the Constitution.
No one can prevent an adult from going wherever they choose, staying with a person of their choice, or solemnising a marriage according to their will or wish, as this is a right derived from Article 21 of the Constitution, the Allahabad high court has recently said, reported Live Law.
A bench comprising Justice JJ Munir and Justice Arun Kumar Singh Deshwal criticised a judicial magistrate for sending a woman (petitioner no. 1) to her uncle's home after the uncle (respondent no. 3) lodged an FIR against her husband (petitioner no. 2).
The magistrate had sent the woman to her uncle's home despite her statement under Section 164 of the CrPC, in which she expressed fear for her life if sent to her uncle or parents' home, Live Law reported.
In its June 7 order, the Allahabad high court stated that the judicial magistrate, before whom petitioner no. 1 claimed she feared for her life due to threats from her uncle, was “duty-bound” to have an FIR registered against the uncle and to take adequate measures to ensure the safety and life of the first petitioner.
Highlighting that “honour killing in such matters is not an unknown phenomenon”, the court added that the superintendent of police, Siddharth Nagar, and the SHO, Police Station-Bansi, district-Siddharth Nagar, were “equally answerable” for failing to take action against the woman's uncle by registering an appropriate FIR and safeguarding the woman's life and security.
The first petitioner, a 21-year-old woman, had married a man of her choice in April 2024, according to Muslim rites, and the Telangana State Waqf Board had issued a marriage certificate.
Upset with her decision to marry petitioner no. 2, the woman's uncle lodged an FIR against her husband under section 363 IPC. Subsequently, the police arrested her husband and took the woman into custody, handing her over to her uncle.
When the police produced the woman before the magistrate to record her statement under Section 164 CrPC, she stated clearly that she had married petitioner no. 2 of her own choice and that her husband had been falsely implicated. She also expressed fear that her uncle, who had been threatening her, would kill her. Despite this, the magistrate directed that she be sent to her uncle's home.
Challenging the FIR, the petitioners moved to the high court.
In a similar ruling last year, the Allahabad High Court held that an adult is free to marry or live with a person of his/her choice and no one, including their parents or anyone on their behalf, can interfere in their right to freedom of choosing a partner.
This freedom, the court said, emanates from the right to life and personal liberty guaranteed by the Constitution.
