Ruling that no individual can make an ‘honour issue’ out of a consenting adult marrying a person of their own choice, the Allahabad High Court granted protection to a couple who married out of their own free will but were apprehending honour killing from the woman’s family.
With this observation, a division bench of Justice JJ Munir and Justice Tarun Saxena said in a March 25 order that it is the state’s duty to protect such persons from any harm. The petitioners sought relief in connection with an FIR under Section 87 Bhartiya Nyaya Sanhita, which provides kidnapping, abducting or inducing a woman to compel her marriage etc.
During the court proceedings, the couple submitted that they solemnised their marriage at an Arya Samaj temple and had a valid marriage registration certificate under the Uttar Pradesh Marriage Registration Rules, 2017. The petitioners alleged that the woman’s family members were averse to their marriage and consequently lodged a bogus FIR against them. The couple further submitted a joint affidavit expressing apprehension of an honour killing at the behest of the woman’s family.
After hearing the couple’s submission, the high court said that a prima facie case was made out and stressed that no person can turn the personal choice of a major into an ‘issue of honour’. The court issued notice to the private respondent and gave them two weeks to file a counter affidavit. Meanwhile, the court directed that the petitioners shall not be arrested in connection with the criminal case.
Besides, the court ordered the woman’s family members, relatives, not to harm the petitioners, enter their home, or establish contact with them. The court also directed the SSP, Aligarh, to ensure that no harm is done to the couple as it listed the case for further hearing on April 8.
