This story is from December 27, 2020

UP: Allahabad HC quashes FIR against man; unites Etah interfaith couple

Observing that as a woman has attained the age of majority, she can live her life on her own terms, the Allahabad high court in a recent order united an interfaith couple, quashing an FIR lodged in this connection in Etah district.
UP: Allahabad HC quashes FIR against man; unites Etah interfaith couple
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PRAYAGRAJ: Observing that as a woman has attained the age of majority, she can live her life on her own terms, the Allahabad high court in a recent order united an interfaith couple, quashing an FIR lodged in this connection in Etah district.
While allowing a habeas corpus writ petition filed by Shikha and Salman alias Karan of Etah district, a division bench comprising Justice Pankaj Naqvi and Justice Vivek Agarwal quashed the FIR lodged on September 27, 2020 under Sections 366 (kidnapping, abducting or inducing woman to compel her marriage etc.) of the IPC against the latter at Kotwali Dehat police station of Etah district.

While directing the investigation officer of the case, who was present in the court, to ensure appropriate protection to Shikha and her husband Salman alias Karan till they return to their residence, the court observed, “As the 'corpus' has attained the age of majority, she has a choice to live her life on her own terms. She has expressed that she wants to live with her husband Salman @ Karan, she is free to move as per her own choice without any restriction or hindrance being created by a third party”.
Earlier, as per the direction of the court, Shikha was produced before the court. She submitted that her date of birth being October 4, 1999, she had attained the age of majority and entered into the wedlock by her own choice.
It was further submitted by Shikha that she wanted to live with her husband Salman alias Karan, who was also present in the court.
In the judgment, the court said that earlier, at one stage, the Chief Judicial Magistrate (CJM) of Etah district through his order dated December 7, 2020 had handed over Shikha to the custody of Child Welfare Committee (CWC), Etah, which on December 8, 2020 had handed over the custody to her parents without any application of mind and against her wish.

Criticizing the act of CJM and the CWC, the court observed, “The act of CJM, Etah and that of the CWC, Etah reflects lack of appreciation of legal provisions”.
While pronouncing the judgment, the court directed the senior superintendent of police (SSP) of Prayagraj to provide necessary police security to ensure a safe passage to the couple.
Moving a habeas corpus petition early this month, Salman alias Karan had submitted before the court that his wife (Shikha) had been handed over to her parents by the Child Welfare Committee against her wishes.
The writ of habeas corpus is filed to challenge the illegal detention of a person. If the court finds that the detention is illegal, he or she is directed to be released. The court delivered this judgment on December 18.
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