No one can stop adults from living with or marrying person of their choice: Allahabad High Court

The Allahabad High Court recently emphasised that no one can restrain adults from 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..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."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 solemnizing marriage according to his/her will or wish. This is a right which flows from Article 21 of the Constitution," the Court said. .The Court noted 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 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 custody of another and forced to stay with him/her," the High Court said.The Court added that the magistrate was duty-bound to direct the registration of first information report (FIR) against the uncle for having issued the death threats. .The magistrate ought to have also taken adequate measures to secure the woman's safety, the High Court further said. The Court explained that honour killing in such matters is not an unknown phenomenon."Honour killing in such matters is not an unknown phenomenon and it is very important to save a human life from extinction on account of misguided emotions or notions of morality. This issue is quite independent of the issue of matrimony that the parties have entered into. No citizen can kill another for holding a different opinion and it is the foremost duty of the State to preserve human life," the Court observed.The High Court proceeded to order the police to ensure that the woman is protected. The Court warned that it would hold police officers personally liable if any harm were to befall on her. .Advocates Akhilesh Kumar Mishra appeared for the petitioners (married couple).Advocate Ravindra Prakash Srivastava appeared for the woman's uncle.Additional Government Advocate Shashi Shekhar Tiwari appeared for the State..[Read Judgment]