High Court Says Adults Can Marry Whomever They Choose

High court decision: No one can marry someone against their will.

Attention India
2 Min Read

Woman’s Marriage and Legal Trouble

A 21-year-old woman married a man in April 2024, following Muslim customs. The Telangana State Waqf Board issued their marriage certificate. Her uncle, unhappy with the marriage, filed a kidnapping case against her husband.

Police and Judicial Response

The police arrested the husband and took the woman into custody, handing her over to her uncle. When brought before the Magistrate, the woman stated clearly that she married the man of her own choice and that her husband was falsely accused.

High Court’s Decision

The couple challenged the kidnapping case in the Allahabad High Court. Justices JJ Munir and Arun Kumar Singh Deshwal noted that the Magistrate sent the woman back to her uncle’s home despite her fear for her life. The High Court said this was wrong and that no one can stop adults from choosing their partner, as per Article 21 of the Constitution.

Protection of the Woman

The court pointed out that the Magistrate should have filed an FIR against the uncle for threatening the woman’s life and should have taken steps to protect her. The court also criticized local police officers for not acting against the uncle.

Final Verdict

The High Court quashed the kidnapping case against the husband. The court also ordered that the woman’s uncle or any other family member should not harm her in any way.

-Prisha Jaiswal

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