5 min readNew DelhiJul 29, 2026 12:30 PM IST
The Allahabad High Court recently cancelled an FIR filed by a woman’s father against her husband, calling the police “nosy parkers” with “no business” investigating marriages instead of crimes. The court also imposed a cost of Rs 1,000 on the police officers and Rs 5,000 on the woman’s father, payable to her.
Justices J J Munir and Tarun Saxena, while allowing the couple’s petition, held that there was “absolutely no case worth investigation” and that the police were “utterly wasting their time” by continuing the probe.
“Two adults have married each other according to Hindu rights and both are accomplished persons with good education. There is absolutely no angle of enticement or blandishment involved in this case, considering the age and the education of the parties,” the July 25 order read.
The bench noted that the woman, aged about 27-28 years, had married a man of her choice at the Arya Vedic Sabha in February. After informing her family about the wedding, the couple found themselves in a criminal case initiated by the woman’s father.
“The police have no business in the matter to be nosy parkers. We have repeatedly reminded the police that it is no business of theirs to investigate marriages. They ought to investigate crimes. This is no crime, where any investigation is required,” the court added.
Justices J J Munir and Tarun Saxena emphasised that the liberty enjoyed by an adult includes the liberty to marry a person of his/her choice. (AI-enhanced image)
Wedding, objection, case
The woman and her husband submitted that they have been in a relationship for the past year and married according to the country’s laws in February at the Arya Vedic Sabha, Prayagraj. They said they are not only adults but are well-educated, having passed MSc and BTC (Basic Training Certificate for teachers).
The husband said he is a newly appointed assistant teacher in a primary school and can support his wife well, while the woman pointed out that her marriage was brought to the notice of her father and brother in April, which annoyed them. She claimed that they beat her up and threatened to kill the couple. She also filed a police complaint over this.
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The woman claimed that both of them are living happily together as husband and wife, but her father and other family members are against the marriage and are trying to arrest them illegally, in collusion with the police, separate them forcibly and hand her back to her father against her will.
The couple expressed apprehension for their life and liberty and claimed that as adults they are entitled to marry and stay together, and any interference at the instance of her father, in connivance with the police, is an abuse of the process of law.
‘Liberty includes right to marry’
The high court expressed disappointment at the stand taken by the superintendent of police concerned that the investigation had to be completed. “This is a case where the matter ought to have been concluded, in view of the statement recorded before us,” it added.
The high court said the woman and her husband have rightly stated that the police sided with her father and wish to continue the investigation accordingly. “The carrying on of this investigation into an adult’s free choice of her partner and marriage between two major citizens of the country is not only an abuse of process of criminal law, but also a gross violation of their fundamental right to liberty guaranteed under Article 21 of the Constitution,” it said.
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The liberty enjoyed by an adult includes the liberty to marry a person of his/her choice, the bench emphasised. Noting the action of the police in insisting that they would still investigate the marriage despite the detailed court order on April 29, 2026, and the act of the petitioner’s father in lodging an FIR over the marriage, the court said some costs deserve to be imposed on the state as well as the father.
Allowing the petition, the court imposed costs of Rs 1,000 to be paid jointly and severally by the superintendent of police and the station house officer concerned to the woman, besides a sum of Rs 5,000 to be paid to the woman by her father.
(With inputs by Avinash Verma. Avinash is an intern with The Indian Express)
Justices J J Munir and Tarun Saxena emphasised that the liberty enjoyed by an adult includes the liberty to marry a person of his/her choice. (AI-enhanced image)