Adults Free To Marry, Live With Person Of Their Choice: Allahabad High Court

No one can restrain adults from going wherever they choose, staying with a person of their choice, or marrying according to their wishes as such a right flows from Article 21 (right to life and liberty) of the Constitution of India, the Allahabad High Court recently said, reported Bar and Bench.
Allahabad high court says adults free to marry person of their choice

Allahabad high court says adults free to marry person of their choice

No one can restrain adults from going wherever they choose, staying with a person of their choice, or marrying according to their wishes as such a right flows from Article 21 (right to life and liberty) of the Constitution of India, the Allahabad High Court recently said, reported Bar and Bench.
A Division Bench of Justices JJ Munir and Arun Kumar Singh Deshwal made the observation while dealing with a plea by a couple who had married against family wishes.
In the June 7 ruling, the Court quashed a criminal case filed against the husband by his wife's uncle after the couple eloped.
The Allahabad High Court said, "Even if the petitioners have not married each other, no one can restrain an adult from going anywhere that he/she likes, staying with a person of his/her choice, or solemnising marriage according to his/her will or wish. This is a right which flows from Article 21 of the Constitution."
The Allahabad Court further mentioned that the 21-year-old wife had stated before a magistrate that the case filed by her uncle was a false case and that he had even extended death threats to her for going with her now-husband.
The Allahabad court criticised the magistrate for sending the woman to her uncle's home even though she expressed fear for her life due to her uncle's death threats.
"This Court is dismayed to find that after the prosecutrix made a statement before the Magistrate on 07.05.2024 fearing for her life at the hands of (her uncle), the Magistrate has reportedly sent her back home to (her uncle). Even otherwise, an adult cannot be sent into the custody of another and forced to stay with him/her," the High Court said.
Meanwhile, the magistrate further ought to have also taken adequate measures to secure the woman's safety. The Allahabad court explained that honour killing in such matters is not an unknown phenomenon.
End of Article
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