No One Can Make An Honour Issue Out Of An Adult Marrying A Person Of Their Choice: Allahabad High Court

The Allahabad High Court recently observed that no individual can make an "honour issue" out of a consenting adult marrying a person of their own choice. The Court added that it is the State's duty to protect the life, limb, and property of such persons, even against their own family members. A bench of Justice JJ Munir and Justice Tarun Saxena made these observations while granting protection to a couple who married out of their own free will but were apprehending honour killing from the woman's family. The petitioners sought relief in connection with an FIR under Section 87 BNS [Kidnapping, abducting or inducing a woman to compel her marriage, etc]. Before the bench, they submitted that they solemnized their marriage at an Arya Samaj Temple and had a valid marriage registration certificate under the Uttar Pradesh Marriage Registration Rules, 2017. The petitioners alleged that the woman's family members were averse to their marriage and consequently lodged a bogus FIR against them. The couple further submitted a joint affidavit expressing apprehension of an honour killing at the behest of the woman's family. At the outset, the High Court said 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. It issued notice to the private respondent and gave them two weeks' time to file a counter-affidavit. Meanwhile, as an interim measure, the Court directed that the petitioners shall not be arrested in connection with the criminal case. Also, the bench explicitly ordered the woman's family member, along with his relatives, not to harm the petitioners, enter their matrimonial home, or establish contact with them directly or through any electronic communication means. The Court also directed the Senior Superintendent of Police, Aligarh, to ensure that no harm comes to the couple at the hands of the opposing respondents or their associates. The matter will now be heard on April 8.

No One Can Make An Honour Issue Out Of An Adult Marrying A Person Of Their Choice: Allahabad High Court

Sparsh Upadhyay

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