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No One Has The Authority To Interfere With The Life Of A Married Couple: Allahabad HC [Read Order]

Apoorva Mandhani
2 Oct 2018 11:50 AM GMT
No One Has The Authority To Interfere With The Life Of A Married Couple: Allahabad HC [Read Order]
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The Allahabad High Court recently reiterated that lives of married couples cannot interfere with by anybody and that they are entitled to living peacefully without such interference.

In doing so, Justice Kaushal Jayendra Thaker relied on several decisions rendered by the Supreme Court, wherein it has been held that no one, including their parents, can interfere with major boys and girls living together out of their own free will.

For instance, it relied on observations made in Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, wherein the Apex Court had opined, “...Whatever may be the date of birth of the petitioner, the fact remains that she is at present more than 18 years of age. As the petitioner is sui juris no fetters can be placed upon her choice of the person with whom she is to stay, nor can any restriction be imposed regarding the place where she should stay. The court or the relatives of the petitioner can also not substitute their opinion or preference for that of the petitioner in such a matter.”

The court was hearing a petition filed by a couple, who had approached the court alleging harassment by their family members. They had sought protection of their lives and liberty, as well as a bar against anybody wanting to interfere in their married lives. They had further submitted their Aadhaar cards to contend that they are adults and were living together out of their own free will.

Emphasising on Apex Court decisions ruling in their favour, the court then observed, “Having regard to the facts and circumstances of the case, I am of the view that the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the concerned police authority with a certified copy of this order, who shall provide immediate protection to the petitioners.”

The petition was therefore partly allowed, with the court clarifying that it has not adjudicated upon the validity of their marriage.

Read the Order Here

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