The Allahabad High Court has reunited an interfaith couple in Etah, observing that since the woman had attained the age of majority, she has a choice to live her life on her own terms and with her husband without any restriction or hindrance by others.
A Division Bench of Justices Pankaj Naqvi and Vivek Agarwal also quashed the FIR lodged against the woman’s husband.
A Chief Judicial Magistrate (CJM) court had earlier sent the woman to a Child Welfare Committee (CWC) and then to the custody of her parents. The woman Shikha’s husband Salman alias Karan had filed a habeas corpus writ pleading that she had been sent to her parents house by the CWC against her wishes.
The Bench interacted with the woman, who submitted that she was a major, born in 1999, and had entered into wedlock with Salman. “As the corpus has attained the age of majority and she has a choice to live her life on her own terms and 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 third party,” the HC noted in an order dated December 18.
The CJM Etah, in an order dated December 7, had handed over the woman to the custody of the CWC, which a day later handed her over to her parents, “without any application of mind and against her wish,” the court noted. “The act of the CJM and the CWC Etah reflects lack of appreciation of legal provisions,” the judges said.
The court quashed the FIR registered on September 27 under Section 366 of the Indian Penal Code (kidnapping, abducting or inducing woman to compel her marriage) at Kotwali Dehat Police Station.
The court had also directed the investigating officer of the case to ensure that appropriate protection was granted to the couple till they returned to their residence, and directed the police chief of Prayagraj to provide necessary police security for their safe passage.
