Court criticizes police interference in the marriage of consenting adults, imposes costs on the State and complainant for abuse of legal process.
In a significant judgment, the Allahabad High Court has quashed an FIR filed against a couple who married as consenting adults, emphasizing the sanctity of individual liberty and choice in matrimonial matters. The court criticized the police for their unwarranted investigation into the marriage of Saubhangini Shukla and her spouse, both of whom are of legal age and married voluntarily.
The bench, comprising Justices J.J. Munir and Tarun Saxena, delivered the judgment in response to a writ petition challenging the FIR lodged under Section 87 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Suriyavan, District Bhadohi. The FIR was filed following a complaint from the bride's father, who disapproved of the marriage.
The court highlighted that police investigations into the marriage of consenting adults violate their fundamental rights under Article 21 of the Constitution of India. This article guarantees the right to life and personal liberty, which encompasses the right to marry a person of one's choice. "Police interference in such matters is unwarranted and constitutes a violation of the fundamental right to liberty," the court stated.
The judgment further noted that once the High Court records the statement of an adult regarding their marriage, neither the police nor any other court has the authority to record further statements to form a different opinion. The court deemed the police's insistence on continuing the investigation as contumacious, underscoring that the police have no jurisdiction to investigate marriages, but only crimes.
In a firm stance against the misuse of legal processes, the court imposed costs on both the State and the complainant. The Superintendent of Police, Bhadohi, along with the Station House Officer, Suriyavan, were directed to jointly pay Rs.1000 to the petitioner. Additionally, the complainant, the bride’s father, was ordered to pay Rs.5000 as a penalty. These costs are to be deposited with the Registrar General of the court, who will ensure their transmission to the petitioner.
The court's decision is a reaffirmation of the rights of individuals to make personal choices without undue interference from family members or state authorities. It serves as a reminder that personal liberty, as enshrined in the Constitution, must be respected and upheld.
The verdict has been welcomed as a progressive step towards protecting individual freedoms and curbing unnecessary legal actions that infringe on personal rights. Legal experts have hailed the decision as a critical assertion of judicial oversight in matters where fundamental rights are at stake.
Bottom line:-
Police investigation into the marriage of two consenting adults, who are of the age of majority, is a violation of their fundamental rights guaranteed under Article 21 of the Constitution.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 87, Constitution of India, 1950 Article 21, Bharatiya Nyaya Sanhita, 2023 Sections 180 and 183
Saubhangini Shukla v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2949166
