Allahabad HC comes to the rescue of interfaith couple, reunites them; quashes FIR against husband

 

Democracy and Rule of Law Fundamental Rights Human Rights

A bench of Justices Pankaj Naqvi and Vivek Agarwal said the woman had the choice to live her life on her own terms after she expressed her desire to live with her husband Salman @ Karan.

The bench added that the woman was free to move as per her own choice without any restrictions or hindrance being created by a third party.

 

            Justice Pankaj Naqvi and Justice Vivek Agarwal.

 

It also directed the S.S.P, Prayagraj to provide necessary police security for the safe passage of the couple.

The Court was hearing a habeas corpus petition filed by the woman along with her husband who were separated from each other after the Chief Judicial Magistrate (CJM) Etah on December 12 had handed her over to the custody of the Child Welfare Committee (CWC) Etah, which in turn handed her over to the custody of her parents.Also Read: Allahabad HC protects a man from arrest under UP’s Anti Conversion law; says no material that any force or coercion adopted by the accused for conversion

During her interaction with the judges, the woman said she was a major, her date of birth being 04.10.1999 and that she has attained the age of majority when she has entered into wedlock.

Commenting on the order of the CJM, the bench said CJM did not appreciate that when a certificate from her school is available then any other evidence becomes secondary in nature and should not be relied upon.

Earlier this year, the same bench held that a single-judge bench decision holding that religious conversion just for the purpose of marriage is unacceptable was not good law.

SOURCE ; The article was originally published in The Leaflet.

 

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