“Adult Choice Not Honour Issue”: Allahabad High Court Protects Couple From Arrest

The Allahabad High Court recently granted interim protection from arrest and directed police protection to a young couple who alleged threats from the woman’s family following their marriage, while observing that no one can turn an adult’s choice of partner into an issue of honour.

Court was dealing with a criminal writ petition filed by the couple, who approached the high court seeking protection of their life and liberty and quashing of criminal proceedings initiated against them.

The bench of Justice J.J. Munir and Justice Tarun Saxena recorded that, as per the high school certificate placed on record, the first petitioner (the woman) was about 21 years old and thus a major.

According to the petition, the couple had solemnised their marriage on February 9, 2026, at Arya Samaj Vaidik Vivah Sanskar Trust, Ghaziabad, out of their own free will. A certificate issued by the Trust and a registration certificate under the Uttar Pradesh Marriage Registration Rules, 2017 were also brought on record to substantiate the marriage.

The petitioners contended that the woman’s family members were opposed to the marriage and, as a consequence, had lodged what they described as a “bogus” first information report against them under Section 87 of the Bharatiya Nyaya Sanhita, 2023 (Section 366 of the), at Police Station Tappal in Aligarh district. They argued that the criminal case was a misuse of the law intended to harass them for exercising their choice to marry.

It was further stated in the writ petition that the couple apprehended serious threats to their safety, including the possibility of honour-based violence at the hands of the woman’s family. A specific averment was made that there existed a real apprehension of honour killing.

Taking note of these submissions, the high court observed that prima facie the first petitioner is an adult who has married the second petitioner out of her own volition. The bench underlined that an adult individual has the right to choose a life partner and that such a decision cannot be converted into an “honour issue” by family members.

Emphasising the State’s responsibility, court observed that it is the duty of the state authorities to protect the life, liberty and property of individuals, even against threats emanating from their own families in such situations. The bench recorded that a prima facie case for intervention was made out and admitted the writ petition, granting time to the State to file its counter affidavit.

On the interim relief sought by the petitioners, court issued notice and proceeded to pass protective directions. It ordered that until further orders, the petitioners shall not be arrested in connection with case registererd at Police Station Tappal, Aligarh.

In addition, court specifically restrained respondent no. 4, identified as a family member of the woman, along with his relatives, from causing any harm to the couple. The bench directed that they shall neither interfere with the couple’s life and liberty nor enter their matrimonial home or contact them, directly or through electronic means.

Court further cast a responsibility on the Senior Superintendent of Police, Aligarh, to ensure that no harm comes to the petitioners at the hands of the woman’s family members or their associates. To ensure compliance, the Registrar (Compliance) was directed to communicate the order to the concerned police authorities through the Chief Judicial Magistrate, Aligarh, within 24 hours.

The matter has been listed for further hearing on April 8, 2026, along with a report regarding service of notice and the status of affidavits.

Case Title: Smt. Prachi Agrawal and another vs State of U.P. and others

Bench: Justice J.J. Munir and Justice Tarun Saxena

Judgment Date: March 25, 2026