‘Adults have right to stay wherever, with whoever they want’: Allahabad High Court protects couple from family threats

While observing that an adult has the right to stay wherever they like and with whomsoever they want, the Allahabad High Court recently granted protection to a couple allegedly facing threats from their family members.

A bench of Justices JJ Munir and Tarun Saxena directed the Senior Superintendent of Police, Bareilly to ensure that no harm is caused to the life of the couple.

“An adult has got the right to stay wherever he/she likes and with whomsoever he/she wants,” the court said in its order dated March 25.

A bench of Justices JJ Munir and Tarun Saxena directed the Senior Superintendent of Police, Bareilly to ensure that no harm is caused to the life of the couple.

Duty of police to ensure safety

• The first and the second petitioner, who are of the age of majority, are living together of their freewill.
• The woman, according to her high-school certificate, is now aged about 23 years.
• An FIR has been lodged by her father, alleging commission of offences under Sections 333 (house trespass), 127(2) (confinement) and 87 (kidnapping to compel marriage) of the Bharatiya Nyaya Sanhita, 2023 with a case that his daughter, aged about 23 years, has been abducted.
• In her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the prosecutrix has stated that she is a science graduate and passed her high-school examination.
• She has been in love with the man for the past seven years.
• The first petitioner’s family members are averse to the marriage. It is on that account that she came away from home and also stated that she has not been taken away by blandishment.
• It is said in the statement that she is an adult and understands her welfare. She met the second petitioner on a highway, and both of them moved for Allahabad.
• They then proceeded to marry at an Arya Samaj Mandir. They are staying together as man and wife.
• Though there is no proof of the parties’ marriage on record, the fact remains that the petitioners are adults and are staying together of their freewill and wish.
• The first petitioner has also moved an application to the Senior Superintendent of Police, Bareilly, saying that her family are not only averse to the marriage, but have assaulted her, and are now threatening her with honour killing. She has sought security for herself.
• Two adults can marry also, according to their freewill and wish, unhindered by the opinion(s) held by the family.
• If two adults, who are staying together of their freewill and wish, face violence at the hands of the family members of both or one of them, it is the duty of the Senior Superintendent of Police/Superintendent of Police to ensure their safety and security, as laid down by the Supreme Court in Shakti Vahini v. Union of India and others.
• It is further ordered that the Senior Superintendent of Police, Bareilly shall ensure that no harm is caused to the life and limb of the petitioners at the hands of the fourth respondent or any family member of hers or any member from her community in any manner whatsoever.

Shakti Vahini v. Union of India and others

In this case the Apex Court had observed that the choice of an individual is an inextricable part of dignity, for dignity cannot be thought of where there is erosion of choice.