Allahabad High Court Grants Protection to Couple in Love Marriage Case
The Allahabad High Court has granted protection to a couple who married by choice, citing that no one can make an "honour issue" out of a consenting adult's decision to marry. The couple had expressed fear of honour killing from the woman's family, prompting the court to intervene.
Court's Order and Legal Proceedings
In an order dated March 25, a bench comprising Justice JJ Munir and Justice Tarun Saxena emphasized that it is the state's duty to protect the life, limb, and property of such persons, even against their own family members. The petitioners had approached the court seeking relief in a case registered under Section 87 of the Bhartiya Nyaya Sanhita (BNS), which deals with kidnapping or abducting a woman to force her into marriage.
The couple submitted that they solemnized their marriage at an Arya Samaj temple and possessed a valid marriage registration certificate under the Uttar Pradesh Marriage Registration Rules, 2017. They alleged that the woman's family members were averse to their marriage and consequently lodged a bogus FIR against them. A joint affidavit was filed expressing apprehension of an honour killing at the behest of the woman's family.
Court's Observations and Interim Measures
Having heard the couple's submission, the High Court stated that a prima facie case was made out and stressed that no person can turn the personal choice of a major into an "issue of honour." In this backdrop, the court issued notice to the private respondent and gave them two weeks' time to file a counter-affidavit.
As an interim measure, the court directed that the petitioners shall not be arrested in connection with the criminal case. Furthermore, the court explicitly ordered the woman's family member, along with his relatives, not to harm the petitioners, enter their house, or establish contact with them directly or through any electronic communication means.
Police Protection and Future Hearing
The court also directed the Aligarh Senior Superintendent of Police (SSP) to ensure that no harm comes to the couple at the hands of the opposing respondents or their associates. This directive underscores the court's commitment to safeguarding the couple's safety amidst the threats they face.
The High Court has posted the case for the next hearing on April 8, where further proceedings will take place. This case highlights the judiciary's role in protecting individual rights and preventing honour-based violence in society.
