The Allahabad High Court recently emphasized that no one can prevent adults from living with or marrying a person of their choice, as this right stems from Article 21 (right to life and liberty) of the Constitution of India.
A Division Bench of Justices JJ Munir and Arun Kumar Singh Deshwal made this observation while addressing a plea from a couple who had married against their families’ wishes.
In its June 7 ruling, the Court quashed a criminal case filed against the husband by his wife’s uncle after the couple eloped.
“Even if the petitioners have not married each other, no one can restrain an adult from going anywhere they like, staying with a person of their choice, or marrying according to their will or wish. This is a right derived from Article 21 of the Constitution,” the Court stated.
The Court noted that the 21-year-old wife had told a magistrate that the case filed by her uncle was false and that he had even issued death threats against her for eloping with her husband.
The Court criticized the magistrate for sending the woman back to her uncle’s home, despite her expressing fear for her life due to his threats.
“This Court is dismayed to find that after the prosecutrix made a statement before the Magistrate on 07.05.2024 fearing for her life at the hands of her uncle, the Magistrate has reportedly sent her back home to her uncle. Even otherwise, an adult cannot be sent into the custody of another and forced to stay with them,” the High Court said.
The Court added that the magistrate was obligated to order the registration of a First Information Report (FIR) against the uncle for issuing death threats.
The magistrate should have also taken adequate measures to ensure the woman’s safety, the High Court further stated. The Court explained that honor killings in such matters are not unknown.
“Honor killing in such matters is not an unknown phenomenon, and it is crucial to save a human life from extinction due to misguided emotions or notions of morality. This issue is quite independent of the matrimonial issue that the parties have entered into. No citizen can kill another for holding a different opinion, and it is the foremost duty of the State to preserve human life,” the Court observed.
The High Court ordered the police to ensure the woman’s protection and warned that it would hold police officers personally liable if any harm were to come to her.
Advocate Akhilesh Kumar Mishra appeared for the petitioners (the married couple).
Advocate Ravindra Prakash Srivastava represented the woman’s uncle.
Additional Government Advocate Shashi Shekhar Tiwari represented the State.
