Allahabad High Court Slams Police Over FIRs Against Consenting Couples, Upholds Right of Adults to Marry Freely
By Rajesh Pandey
In a strong and emotionally resonant judgment, the Allahabad High Court has come down heavily on what it described as a troubling and unlawful pattern—police registering FIRs against young couples who choose to marry of their own free will.
The court’s words carried both legal clarity and human concern.
It was observed that instead of focusing on serious crimes, the police have increasingly been diverting their attention toward pursuing consenting adult couples—often at the insistence of disapproving families.
Calling this a “great disservice,” the court made it clear that such actions not only violate the law but also intrude upon the most personal choices of individuals.
A Case That Reflects a Larger Problem
The matter came before a division bench of Justice JJ Munir and Justice Tarun Saxena, where a young couple approached the court seeking relief. They had married out of their own free will, yet found themselves at the center of a criminal case.
The girl’s father had filed an FIR in Saharanpur under Section 87 of the Bharatiya Nyaya Sanhita, alleging that his daughter had been abducted or induced into marriage.
Acting on a missing person complaint, the police registered the case and began pursuing the couple.
But when the matter reached the court, the narrative changed. The young woman clearly stated that she had married voluntarily and wished to live with her husband.
The couple also presented a valid marriage certificate issued by the Uttarakhand government.
Court’s Firm Stand on Personal Liberty
After carefully examining the facts, the court did not mince words. It held that registering such an FIR, in a case involving two consenting adults, amounted to a “serious inroad into personal liberty.”
The bench emphasized a fundamental constitutional principle: once an individual attains the age of majority, their choices—about where to live, whom to marry, and how to lead their life—must be respected.
In a broader message that goes beyond this single case, the court remarked that society must now internalize the idea that adulthood brings with it autonomy, and that this autonomy is protected under the Constitution.
A Message to Families and Society
The judgment also addressed a sensitive but widespread social reality—familial resistance to marriages made by choice. The court firmly stated that no person, regardless of their relationship, has the authority to control or dictate the life decisions of another adult.
In a pointed observation aimed at the girl’s father and others in similar situations, the court reiterated that emotional bonds cannot override legal rights.
Sharp Criticism of Police Conduct
Perhaps the most striking part of the judgment was the court’s criticism of police practices.
It noted that in several such cases, law enforcement agencies not only register FIRs but actively chase couples—sometimes even attempting to forcibly separate them and return the woman to her family.
The court described such actions as “absolutely illegal,” adding that in certain instances, they may themselves amount to offences.
Directions Issued by the Court
Taking a decisive step, the bench directed the Director General of Police (DGP), Uttar Pradesh, to take remedial measures and ensure that such misuse of law does not continue.
The FIR against the couple was quashed, and the court issued clear instructions to all respondents, including the girl’s father, not to interfere in the couple’s married life or enter their home.
A Judgment That Reinforces Constitutional Values
Delivered on April 21, the ruling stands as a reaffirmation of personal liberty, dignity, and the right to choose—values that lie at the heart of the Constitution.
Beyond legal reasoning, the judgment carries a humane message: that love, choice, and adulthood cannot be criminalized—and that institutions meant to protect citizens must not become instruments of fear in their personal lives.
