Interfaith Couple- "No Sign That She Is Major & Wants A Marital Life": Allahabad High Court Refuses Protection

The Allahabad High Court on Monday refused to pass a protection order in favor of a woman/girl (claiming to have married a Hindu Man) noting that she did not produce any documentary evidence showing that she belongs to the Muslim religion and that she now wanted to adopt the Hindu religion.

Observing that the petition does not even show that the Couple is major, the Bench of Justice Dr. Kaushal Jayendra Thaker further noted that there was no sign that the parties wanted to have a marital life.

"No doubt, caste system exists, it is no where mentioned that they want to live as husband and wife," added the Court.

The Court also took into account that already a First Information Report had been filed under Section 363 and 366 against the man with whom she claimed to have gotten married.

The man has already been bail granted by learned Sessions Judge, Agra, however, the petition filed by the petitioners for quashing the petition was rejected by the judgment of the Division Bench (Allahabad High Court).

"The fact that she is major has not been revealed by the judgment of Division Bench when the quashment petition was filed," observed the Court.

Observing that only on the basis of the Aadhar Card, the Court cannot opine that the Girl was a major, the Court remarked:

"The petitioners if they wanted would have entered into a wedlock either under the Muslim Marriage or under the Hindu Marriage Act."

However, the Court directed that if the petitioners move the police authorities with all cogent evidence and if the police authorities feel that there is a real danger to their life, the police authorities may provide them what is known as protection.

Stressing that the Court was not against granting protection, the Court dismissed the petition as it lacked all these particulars and therefore the protection order cannot be passed.

With these observations, the petition stood dismissed. 

Case title - Shivani @Sakeena v. State Of U.P. And 3 Others 

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