Dark Face Of Society That Girls' Parents Lodge FIRs Against Husbands While Disapproving Their Love Marriage: Allahabad HC

“The court after hearing the parties, records its deepest anguish, whereby this social menace is deep rooted that even after 75 years of independence we are fighting the cases with his opponents on this score only,” the bench of Justice Prashant Kumar remarked.

The observation was made while hearing a petition filed by a boy to quash the entire proceedings of a case lodged against him under Sections 363, 366 I.P.C., and 7/8 of the POCSO Act at the instance of his wife's father.

His counsel submitted before the single judge that the applicant-boy had married opposite party no.3 (girl) and were living together as husband-wife, and since, her father was not happy with their marriage, he lodged an FIR against the applicant and after investigation, a chargesheet had been filed and a summon had been issued against him.

The counsel for the state did not dispute the aforesaid facts, whereas, the counsel for the girl submitted that they are married and living happily.

Terming the societal resistance in such cases as the 'greatest impediment', the Court emphasized that when both parties consent and live happily as husband and wife with a child, there should be no barrier to accepting their marriage Top of Form(referred to Apex Court's ruling in the case of Mafat Lal and Another Vs. State of Rajasthan 2022 LiveLaw (SC) 362).

Given the aforesaid facts, noting that the applicant and the opposite party no.3/girl are living together happily as husband and wife, the Court opined that no useful purpose would be served in prosecuting the applicant, and therefore, allowing the petition, the Court quashed entire proceedings of the case.

Case title - Sagar Savita vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 76 [APPLICATION U/S 482 No. - 17109 of 2023]

Case citation: 2024 LiveLaw (AB) 76

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