Uttarakhand High Court Intervenes in Consent Marriage Dispute, Stays Arrest
In a significant legal development, a single bench of Justice Rakesh Thapliyal at the Uttarakhand High Court in Dehradun has issued a stay on the arrest of a 30-year-old man involved in a marriage with an 18-year-old girl. The court's decision came during a hearing on Wednesday, where it considered a petition seeking to quash an FIR registered against the man by the girl's father.
Court Directs Cooperation and Sets Next Hearing Date
The court has directed the petitioner to fully cooperate with the ongoing investigation into the matter. Additionally, it has ordered the state government and the girl's father to file their formal objections regarding the case. The proceedings have been scheduled for further hearing on April 6, allowing all parties to present their arguments and evidence.
Background of the Marriage and Legal Dispute
The petitioner, identified as Vikas alias Kala, submitted to the court that he and the girl, Priya, entered into marriage with mutual consent on March 1. The ceremony took place at a Shiva temple located in Roshnabad, within the Haridwar district of Uttarakhand. According to Vikas, Priya's father expressed strong disapproval of the union, leading to the filing of an FIR at the Ranipur police station.
The father's allegations centered on claims that Priya was a minor at the time of the marriage and that Vikas had enticed her into the union. In response, Vikas provided detailed documentation to the court, including copies of birth certificates for both individuals. These documents list Priya's date of birth as February 4, 2008, and Vikas's as October 20, 1995, supporting their assertion that both were adults when they married.
Legal Affidavit and Court's Ruling
Further strengthening the petitioner's case, an affidavit was filed on behalf of Priya before the High Court. This legal document affirmed that she is indeed an adult and confirmed that the couple had solemnized their marriage at the temple as described. After hearing arguments from both sides, Justice Thapliyal's bench ruled to stay the arrest of Vikas until the next scheduled hearing date.
The court emphasized the importance of cooperation with the investigation while allowing time for the state and the girl's father to formally respond. This decision highlights the judiciary's role in balancing individual rights with legal procedures in sensitive family disputes.
