Recently, the Allahabad High Court united an interfaith couple and observed that the woman desires to live with her husband( who belonged to a different religion) and she was free to live as per choice, and no third party should create any hindrance.
In his petitioner, ( Salman ) stated that his wife( Shikha) was sent to her parent’s home against her wishes.
Vide its order dated 07.12.2020 CJM, Etah handed over the woman’s custody to the Child Welfare Committee who handed the custody of the woman to her parents.
The case before the High Court
The Court perused the certificate issued by Head Master of Higher Primary Education, Etah and noticed that the woman’s date of birth was stated as 04.10.2020. The Court ruled that the requirement of Section 94 of the Juvenile Justice Act regarding determination and presumption of age has been fulfilled, and it was further stated that CJM, Etah did not appreciate the legal provisions.
The woman submitted that she was a major who entered into wedlock with the petitioner and wanted to live with him.
Observation of the Court
Hon’ble Court observed that as the woman is a major she was free to live on her own terms and she has expressed her desire to live with the petitioner, she was free to do so without any hindrance or restriction created by any third-party.
The Court allowed the writ petition and the FIR dated 27/09/2020 registered for offences u/s 366 of IPC was quashed.
Investigating Officer of the case was directed to provide adequate protection to the couple until they reached their residence. SSP Prayagraj was directed to provide police security for safe passage of the couple.
Title: Smt. Shikha (Corpus) And Another vs State Of UP And 3 Others
Case No.: HABEAS CORPUS WRIT PETITION No. – 745 of 2020
Date of Order:18.12.2020
Coram: Hon’ble Justice Pankaj Naqvi and Hon’ble Justice Vivek Agarwal