up, prayagraj, allahabad Highcourt, Indian Constitution, article 21 | adult boy, girl, live together and marry | Adult boy and girl can live together and marry as per their wish: Allahabad High Court said – Life is a fundamental right under Article 21 – Prayagraj (Allahabad) News
Allahabad High Court has given an important decision in the matter of adult boys and girls living together and marrying as per their wish. Allahabad High Court has said that no one can stop any adult from living with the person of their choice or marrying as per their wish without getting married.
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Let us tell you what the court said has
The High Court said that no adult can be handed over to the custody of another and cannot be forced to live with anyone against his will.
The court said that after the girl’s statement of threat to her life before the magistrate, an FIR should have been registered against the accused. SP Siddharthnagar and SHO Bansi are equally responsible for not taking any action. They did not provide security to the petitioner.
The court has quashed the FIR lodged against the petitioner by her uncle Mohammad Zaheer in the Bansi police station. The police officers have been ordered that the petitioner can go wherever she wants. Her uncle or family members should not be able to cause any harm to her, otherwise they will be answerable to the court.
This order has been given by the division bench of Justice JJ Munir and Justice Arun Kumar Singh Deswal while accepting the petition of Mrs. Nazia Ansari and Hidayat.
The petitioner said that she is 21 years old. She is an adult. She left home on her own will and got married according to Muslim customs on 17 April 24 in Hyderabad. The CEO of Telangana State Waqf Board has also given a marriage certificate.
Despite this, on the basis of an FIR lodged by the uncle on the charge of kidnapping, the police arrested the husband of the petitioner and took the petitioner into illegal custody and by the order of the magistrate, she was handed over to her uncle against her will. Due to which she had expressed the fear of her murder.
The court said that the uncle had no right to lodge an FIR or threaten. Such an FIR is illegal and ultra vires. The court has considered the matter serious.
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