Love, intimacy and choice of life partner of two consenting adults cannot be interfered by anyone: Allahabad High Court
The woman submitted before that court that she was legally wedded to the petitioner and it was her father, uncle, and cousin brothers who had forcefully taken her away from her matrimonial home and made her file a rape case against her husband.
The Allahabad High Court recently allowed a habeas corpus writ petition moved by a man alleging that his wife had been forcefully taken away by her family members.
While noting that the corpus (wife), who was a major, supported the man's case and was willing to go with him, the bench of Justice Sanjay Kumar Singh observed,
"The choice of a life partner, the desire for personal intimacy and yearning to find love and fulfillment of human relationship between two consenting adults cannot be interfered with by any other persons."
The petitioner moved the high court stating that he and his wife, both major, had solemnized their marriage in a temple and got it registered as well. While they were living their life happily as husband and wife, the man claimed, in November last year, his wife's family members including her father, uncle and cousin brothers, came and forcefully took her to her father's house and since then she is in their illegal captivity.
In pursuance of court's direction, the family members of the woman, along with her, appeared in person before the court. The woman admitted before the court that she had married the petitioner in an Arya Samaj Mandir and the marriage was registered as well.
She further informed the court that after filing of the present habeas corpus petition, and issuance of notice by the high court, she was forced to lodge an FIR under Sections 376/328/354-C IPC and section 4 of POCSO Act against her husband in Delhi under pressure and threat of her father and Tau (uncle).
She submitted that in the said case, her statement under Section 161 and 164 Cr.P.C. were also recorded under pressure, whereas the correct fact was that no such incident as alleged in the FIR had ever taken place.
She told the court that the petitioner was her husband and she was willing to go with him and live her matrimonial life peacefully.
Moreover, the court was apprised by the counsel appearing for the man and the woman that when the woman had been taken away forcefully by her family member, the next day she had filed a complaint case in the Court of Judicial Magistrate, Baghpat against her father, uncle and cousin brothers under Sections 452, 380, 504, 506, 323 of the IPC as well.
Therefore, considering the facts and circumstances of the case and taking note of the will of the woman, the high court allowed the instant habeas corpus plea.
Case Title: Sandeep Kumar And Another v. State Of U.P. And 9 Others