An Adult Can Marry or live with anyone of his or her choice Allahabad HC

The Allahabad High Court has emphasized the fundamental right of adults to make personal choices regarding their life and relationships, which are protected under Article 21 of the Indian Constitution. This declaration came while quashing an FIR filed against a man accused of kidnapping his wife, who had married him of her own volition.

In this case, a division bench consisting of Justices JJ Munir and Arun Kumar Singh Deshwal ruled that no one could prevent an adult from choosing where to live, who to live with, or whom to marry, as these are integral aspects of personal liberty. The court also criticized a judicial magistrate for ordering an adult woman to stay with her uncle, despite her expressed fear for her life in statements made under Section 164 of the Criminal Procedure Code (CrPC).

The case involved a 21-year-old woman who had married a man according to Muslim rites in April 2024. Her uncle, displeased with the marriage, filed a kidnapping FIR against her husband. Despite the woman’s clear statement to the police and magistrate that she married of her own free will, the police arrested her husband and placed her in her uncle’s custody.

The High Court condemned the judicial magistrate for failing to ensure the woman’s safety and for not registering an FIR against her uncle, who had threatened her life. The court highlighted the dangers of honor killings in such situations and held the police officers accountable for not taking appropriate protective actions.

By quashing the kidnapping FIR, the court reinforced that the allegations against the husband were unsubstantiated. It directed the local police to guarantee the woman’s freedom to live with whomever she chooses and ensure her protection from any harm by her uncle or other family members. This decision underscores the judiciary’s role in safeguarding personal liberty and upholding the constitutional rights of individuals against familial and societal pressures.