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Grant protection to interfaith couple: Allahabad HC to police
PRAYAGRAJ The Allahabad high court has directed the Moradabad police to give protection, when it is sought, to an interfaith couple who alleged that private respondents were interfering with their marital life and liberty
The Allahabad high court has directed the Moradabad police to give protection, when it is sought, to an interfaith couple who alleged that private respondents were interfering with their marital life and liberty. The court said the petitioner (woman) having converted to Islam would not be a relevant factor while ensuring that there is no interference in the liberty of the petitioners unless there is any allegation by the woman regarding forcible conversion.
Justice Salil Kumar Rai passed the order on June 8 while hearing a petition filed by Yashi Devi, aged about 20 years and Guchhan Khan (second petitioner), aged about 40 years. They got married on January 11, 2021 after Yashi Devi converted to Islam. The matter pertains to Moradabad district of Uttar Pradesh.
The petitioners requested the court to issue necessary directions to the respondents not to interfere with their marital life and liberty.
It was claimed that the petitioners were majors (adults) and had solemnised the marriage of their own free will. Referring to the Supreme Court judgment in the case of Lata Singh vs State of UP, the high court observed that the law is settled that it is the right of couples to live peacefully without any interference in case they are majors.
The court said that in view of the clear enunciation of law by the Supreme Court in the Lata Singh matter, “It is obligatory for the concerned authorities to ensure compliance of the above directions in view of Article 141 of the Constitution of India, which clearly provided that the law declared by the Supreme Court shall be binding on all courts within the territory of India.”
The court directed that in case the petitioners face any genuine threat to their life and liberty or they are harassed contrary to the law laid down by the apex court, it shall be open for them to approach the senior superintendent of police (SSP) of Moradabad and furnish the necessary details in that regard such as proof of their majority, marriage and the harassment being faced. The SSP shall take all steps as may be required by law to ensure that the petitioners’ life and liberty are not interfered with, keeping in view the directions issued in the Lata Singh case, the high court said.
“It is also clarified that the petitioners, if major, are entitled to live together even if not married and, therefore, proof of their marriage would not be required and shall not be insisted upon by the concerned police officer,” the court added.
