The Allahabad High Court has quashed a First Information Report (FIR) against a young couple from Saharanpur, who married of their own free will, and sternly remarked that the police are doing a great disservice by registering FIRs and investigating such consensual marriages.
Court Directs DGP to Take Remedial Action
Coming down heavily on this disturbing trend, a division bench comprising Justice JJ Munir and Justice Tarun Saxena, in their order dated April 21, directed the Director General of Police (DGP) of Uttar Pradesh to take remedial action. The court quashed the FIR lodged against the couple-petitioners, emphasizing that no one has the right to dictate where a major will stay, with whom they will live, marry, or spend their life.
The court added that a message should go out to every citizen that the age of majority has to be respected, along with the constitutional culture.
Background of the Case
A young adult couple had approached the high court challenging an FIR lodged by the woman's father (the woman was 18 years and 11 months old) against the man, who is also a major. The FIR was filed under Section 87 of the Bhartiya Nyaya Sanhita (BNS) in Saharanpur, which criminalizes kidnapping, abducting, or inducing a woman to compel her into marriage or force illicit intercourse. However, the woman had married the man willingly.
Upon receiving the report, the police registered an FIR and began pursuing the couple. Taking note of the facts and the marriage certificate issued by the Uttarakhand government filed with the petition, the court remarked that for a missing complaint, the police should not have lodged the FIR.
Court's Observations on Personal Liberty
After interacting with the girl, who indicated her wish to stay with her husband, the court termed the FIR a serious inroad into the personal liberty of both petitioners. In a stern message to the father and the public, the high court stressed that the Constitution does not permit an adult, regardless of relationship, to dominate or rule over the will of another adult who is a major under the law.
Taking exception to the role of the police in similar cases, the court strongly remarked: "Of course, the case of a child, who is not a major, is different. The police are doing great disservice by registering FIRs such as these and more than that, chasing the young couple, sometimes with ulterior motive to forcibly separate them and send back the bride to the parents or her family. These actions are illegal and some of them are offences."
Mandamus Issued
The court also issued a mandamus to the respondents, including the girl's father, not to enter the matrimonial home of the petitioners or disturb their peaceful matrimonial life in any manner whatsoever.
