Read Order: Shifa Hasan vs. State of UP

Pankaj Bajpai

Prayagraj, September 17, 2021: The Allahabad High Court has ruled that two adults have right of choice of their matrimonial partner irrespective of religion professed by them.

A Division Bench of Justice Manoj Kumar Gupta and Justice Deepak Verma observed that even the parents cannot object to the relationship between two individuals who claims to be in love with each other and are major.

The observation came pursuant to a petition seeking mandamus commanding the State (respondents) to provide security to the petitioners as they were apprehending threat to their life.

The petitioners claimed that they are in love with each other and are living together out of their sweet will. It was further claimed that they belong to different religion and the said fact was not acceptable to the father of petitioner (fifth respondent).

After considering the submissions, the High Court directed the third respondent to ensure that the petitioners are not subjected to any harassment by the fifth respondent or by any other person in connection with their relationship with each other.

The High Court however made it clear that they had not expressed any final opinion regarding the age of the petitioners as the findings were only prima facie in nature for the purposes of deciding the present controversy.

The Court also clarified that in case there is any FIR registered against any of the petitioners, the instant order will not come in way of the investigation.

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