Allahabad High Court Affirms Adults’ Right To Choose Their Spouse

Allahabad High Court has declared that every adult has the right to choose their partner without any interference. This decision comes under Article 21, which guarantees the fundamental right to life.

The court emphasized that no one has the right to harm another person because of a difference in opinion. It’s the duty of the state to safeguard human life.

Criticism was directed at a magistrate who, instead of registering a complaint, handed over a girl to her family despite her plea of threat to her life. The court condemned this action, highlighting the prevalent issue of honour killings.

The court maintained that an FIR should have been registered against the accused.  And that SP Siddharthnagar and SHO Bansi were equally responsible for not taking any action.

Furthermore, the Allahabad High Court stated that no adult can be forced to live with someone against their will or handed over to another’s custody.

The remark came from the division bench of Justice JJ Munir and Justice Arun Kumar Singh Deswal while accepting the petition of Mrs. Nazia Ansari and Hidayat.

Mrs. Ansari, 21 years old, married according to Muslim customs in Hyderabad. Despite having a marriage certificate, her husband was arrested under her uncle’s kidnapping FIR. The court deemed this FIR illegal and serious, warning against any harm to Mrs. Ansari.

Despite the statement of the petitioner, the Police have arrested her husband and petitioner under the FIR filed the her uncle. Nazia was handed over to her uncle against her will, on Magistrate’s order.

Taking the matter into serious consideration, the court has deemed such an FIR as illegal.