The Crossbill News Desk
The Allahabad High Court has strongly criticised the Uttar Pradesh Police for continuing to investigate the marriage of two consenting adults, observing that law enforcement has no role in probing the personal choices of major citizens who have married of their own free will.
Hearing a petition filed by the couple, a division bench of Justices J.J. Munir and Tarun Saxena held that the police had exceeded their authority by pursuing an investigation despite both individuals consistently maintaining that they had voluntarily entered into the marriage.
According to The Hindu, the bench remarked that the police have “no business to be nosy parkers” in such matters.
“The carrying on of this investigation into an adult’s free choice of her partner and the marriage between two major citizens of the country is not only an abuse of process of criminal law, but also gross violation of their fundamental right to liberty guaranteed under Article 21 of the Constitution,” said the high court.
The case arose after the woman's father lodged a complaint alleging that the man had “enticed his daughter into marrying him”, following which the police registered an FIR against the husband.
Before the court, however, both petitioners stated that they had married willingly and that the police were unlawfully attempting to separate them despite the woman's repeated assertion that she had chosen to live with her husband.
“The liberty that a person, who is a major, enjoys, includes the liberty to marry a person of his/her choice. The police have no business in the matter to be nosy parkers. We have repeatedly reminded the police that it is no business of theirs to investigate marriages. They ought to investigate crimes. This is no crime where any investigation is required,” said the high court.
Finding merit in the couple's contention that the police had acted in support of the woman's father rather than impartially, the court imposed costs on both the complainant and the police authorities.
The bench directed the Superintendent of Police and the Station House Officer to jointly pay Rs 1,000 to the woman petitioner, while ordering her father to pay Rs 5,000.
Hearing a petition filed by the couple, a division bench of Justices J.J. Munir and Tarun Saxena held that the police had exceeded their authority by pursuing an investigation despite both individuals consistently maintaining that they had voluntarily entered into the marriage.
According to The Hindu, the bench remarked that the police have “no business to be nosy parkers” in such matters.
“The carrying on of this investigation into an adult’s free choice of her partner and the marriage between two major citizens of the country is not only an abuse of process of criminal law, but also gross violation of their fundamental right to liberty guaranteed under Article 21 of the Constitution,” said the high court.
The case arose after the woman's father lodged a complaint alleging that the man had “enticed his daughter into marrying him”, following which the police registered an FIR against the husband.
Before the court, however, both petitioners stated that they had married willingly and that the police were unlawfully attempting to separate them despite the woman's repeated assertion that she had chosen to live with her husband.
“The liberty that a person, who is a major, enjoys, includes the liberty to marry a person of his/her choice. The police have no business in the matter to be nosy parkers. We have repeatedly reminded the police that it is no business of theirs to investigate marriages. They ought to investigate crimes. This is no crime where any investigation is required,” said the high court.
Finding merit in the couple's contention that the police had acted in support of the woman's father rather than impartially, the court imposed costs on both the complainant and the police authorities.
The bench directed the Superintendent of Police and the Station House Officer to jointly pay Rs 1,000 to the woman petitioner, while ordering her father to pay Rs 5,000.
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