The Hight Court also canceled the FIR registered against her husband (Salman) in September in UP’s Etah district and instructed police to provide security for the couple till they returned home.
New Delhi:Allahabad High Court has ruled in favor of an interfaith couple, highlighting that the woman is an adult who “wants to live with her husband”, had the “right to live life on her terms (and) is free to move as per her choice without any restriction or hindrance being created by (a) third party”.
Allahabad High Court judges, Justices Pankaj Naqvi and Vivek Agarwal, talked to the woman (Shikha) and verified that Shikah married Salman of her own free will, as well as confirming she had reached the age of majority as per her school certificates.
The High court judges also criticized the District Chief Magistrate for handing custody of Shikha to a Child Welfare Committee that, in turn, gave custody back to her parents “without any application of mind and against her wish.” Judges further said, “The act(ion) of Chief Judicial Magistrate (Etah) and that of the Child Welfare Committee (Etah) reflects lack of appreciation of legal provisions.”
The Hight Court also canceled the FIR registered against her husband (Salman) in September in UP’s Etah district and instructed police to provide security for the couple till they returned home.
Police filed the FIR after the woman’s father alleged his daughter had been kidnapped and forced into marriage.
Earlier Salman filed a habeas corpus plea – which challenges illegal detention of an individual – stating his wife had been sent to her parents against her wishes.
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