![[Article 21] Allahabad HC Affirms Right of Adults to Marry & Live with Partner of Their Choice](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/06/Relationship39_-Allahabad-HC____.jpg?fit=259%2C194&ssl=1)
Today, On 10th June, Allahabad High Court ruled that an adult’s right to marry or live with a person of their choice is safeguarded under Article 21 of the Indian Constitution. This article guarantees the right to life and personal liberty. The court emphasized that such personal choices are fundamental freedoms.
The Allahabad High Court stated that no one can prevent an adult from going wherever they choose, staying with a person of their choice, or solemnizing a marriage according to their will or wish, as this is a right derived from Article 21 of the Constitution.
A bench comprising Justice JJ Munir and Justice Arun Kumar Singh Deshwal criticized a judicial magistrate for sending a woman (the first petitioner) to her uncle’s home after the uncle (the third respondent) lodged an FIR against her husband (the second petitioner).
The court emphasized that adults have the fundamental right to make their own choices regarding their movement, associations, and marital decisions, which is protected under Article 21 of the Indian Constitution, which guarantees the right to personal liberty.
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The Allahabad High Court‘s recent order emphasized that the judicial magistrate had erred in sending the woman (the first petitioner) to her uncle’s home, despite her statement under Section 164 of the Criminal Procedure Code (CrPC) expressing fear for her life if sent to her uncle or parents’ home.
In its order dated June 7, the High Court stated that the judicial magistrate, before whom the first petitioner had claimed to fear for her life due to threats from her uncle, was duty-bound to have an FIR registered against the uncle and to take adequate measures to ensure the safety and life of the first petitioner.
Emphasizing that “honour killing in such matters is not an unknown phenomenon,” the court further stated that the superintendent of police of Siddharth Nagar and the SHO of Police Station-Bansi in district Siddharth Nagar “equally answerable” for their failure to take action against the woman’s uncle by not registering a proper FIR and ensuring the woman’s safety and security.
The first petitioner, a 21-year-old woman, married a man of her choice in April 2024 according to Muslim rites, and the Telangana State Waqf Board issued a marriage certificate.
Distressed by her decision to marry petitioner no. 2, the woman’s uncle filed an FIR against her husband under section 363 IPC. Subsequently, the police arrested her husband and detained the woman, eventually handing her over to her uncle.
The woman presented before the magistrate to record her statement under Section 164 of the Criminal Procedure Code (CrPC). In her statement, she clearly stated that she had married the second petitioner of her own free will and that her husband had been falsely accused. She also expressed fear that her uncle, who had been threatening her, would kill her. Despite this, the magistrate ordered that she be sent to her uncle’s home.
Challenging the First Information Report (FIR), the petitioners approached the High Court. In a similar ruling the previous year, the Allahabad High Court held that an adult is free to marry or live with a person of their choice, and no one, including their parents or anyone on their behalf, can interfere in their right to freedom of choosing a partner.
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The court stated.
“This freedom stems from the right to life and personal liberty as guaranteed by the Constitution.”
The Allahabad High Court’s affirmation of Article 21 as a protector of the right to marry and live with a partner of one’s choice marks a significant step towards ensuring personal liberties. This judgment not only provides relief to the petitioners but also sends a powerful message about the importance of upholding constitutional rights in the face of societal challenges.
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