Inter-Religious Marriage- "Woman Major, Has Right To Choose Her Partner": Allahabad HC Quashes FIR U/S 366 IPC Against Husband

The Allahabad High Court last week quashed an FIR registered against a Muslim under Section 366 (Kidnapping, abducting or inducing woman to compel her mar­riage, etc.) of IPC for allegedly kidnapping and marrying a Hindu girl.

The Court was hearing the joint plea filed by the Woman (Wife/petitioner no.1) and Man (Accused/husband/petitioner no.2) seeking quashing of the FIR claiming that the Woman had left her paternal home out of her own sweet will and being a major girl, she was free to take her choice to embrace Islam and perform marriage with the accused.

It was asserted by the couple that no offence under Section 366 IPC would be made out as petitioner no.1 is a major girl and that the entire criminal case lodged by respondent no.4 was nothing but an abuse of the process of the law.

The Bench of Justice Sunita Agarwal and Justice Sadhna Rani (Thakur) referred to the ruling of Allahabad High Court in the case of Salamat Ansari & others vs. State of UP & others, wherein it was observed by the Court that right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty."

Importantly, the Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal had also remarked thus,

"We fail to understand that if the law permits two persons even of the same sex to live together peacefully then neither any individual nor a family nor even the state can have an objection to the relationship of two major individuals who out of their own free will are living together."

Read more about it here: [Breaking] "Right To Choose A Partner Of Choice A Fundamental Right": Allahabad High Court Says The Judgments Which Held "Conversion For The Purpose Of Marriage Only" Not Good Law

In view of this, the Court, in the instant matter, observed that from the first information report no offence under Section 366 IPC was made out, inasmuch as, both the petitioners are major and the petitioner no.1 has come up with the categorical stand that she had left her home with the petitioner no.2 willingly and is living with him as a married woman.

Therefore, the writ petition was allowed and the first information report dated 19.07.2021 registered as Case Crime No.108 of 2021, under Section 366 IPC, P.S.- Tarwa, District- Azamgarh as well as all consequential proceedings were quashed.

Case title - Smt. Fija @ Guddan Shilpakar And Another v. State Of U P And 3 Others

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