No one can stop adults from living with or marrying person of their choice: Allahabad HC

Digital Desk: In a significant affirmation of individual rights, the Allahabad High Court recently emphasized that no authority can prevent an adult from choosing their place of residence, their companionship, or solemnizing a marriage of their own preference. 

This landmark decision was delivered by a bench comprising Justice JJ Munir and Justice Arun Kumar Singh Deshwal, emphasizing the protections afforded by Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.

The case in question involved a young woman (petitioner no. 1) who married a man of her choice (petitioner no. 2) in April 2024, under Muslim rites, a union officially recognized by the Telangana State Waqf Board. However, her decision sparked discord within her family, leading her uncle (respondent no. 3) to lodge an FIR against her husband under Section 363 IPC, alleging abduction.

Subsequently, the police arrested her husband and detained the woman, later placing her in the custody of her uncle. When produced before a judicial magistrate to record her statement under Section 164 of the Criminal Procedure Code (CrPC), the woman clearly articulated her voluntary marriage and highlighted the false implications against her husband. She expressed grave fear for her life, stating threats from her uncle and indicating the potential danger of being sent back to her familial home.

Despite her explicit statement, the magistrate ordered her to be sent to her uncle's residence, disregarding her expressed fears. This action drew sharp criticism from the High Court. In its June 7 order, the court lambasted the judicial magistrate for neglecting his duty to protect the petitioner’s life and safety. The bench pointed out that the magistrate should have registered an FIR against the uncle and taken necessary measures to secure her protection.

Highlighting the prevalence of "honour killings" in such contexts, the court further held the superintendent of police, Siddharth Nagar, and the SHO of Police Station-Bansi accountable for their inaction in safeguarding the woman. The court's ruling reinforces the critical role of law enforcement in upholding individual rights against familial and societal pressures.

This judgment aligns with a similar ruling from the previous year, wherein the Allahabad High Court reaffirmed that an adult's right to choose their partner and living arrangements is inviolable. The court stressed that this freedom is a fundamental aspect of the right to life and personal liberty, protected under the Constitution.

By reiterating the importance of individual autonomy and personal choice, the Allahabad High Court has once again fortified the legal framework protecting personal liberties, sending a strong message against any form of coercion or forced compliance in matters of personal choice.