HC shields love marriage, says no one can make ‘honour’ issue of consent

Prayagraj: The Allahabad high court has granted protection to a couple who married by choice, citing that no one can make an "honour issue" out of a consenting adult's decision to marry. The couple feared honour killing from the woman's family.In an order dated Mar 25, a division bench comprising Justices JJ Munir and Tarun Saxena said it is the state's duty to protect the life, limb, and property of such persons even against their own family members.The petitioners had approached the court seeking relief in a case registered under Section 87 of Bhartiya Nyaya Sanhita (BNS), which deals with kidnapping or abducting a woman to force her into marriageThe couple submitted that they solemnized their marriage at an Arya Samaj temple and had a valid marriage registration certificate under the Uttar Pradesh Marriage Registration Rules, 2017.They alleged that the woman's family members were averse to their marriage and consequently lodged a bogus FIR against them. The couple submitted a joint affidavit expressing apprehension of an honour killing at the behest of the woman's family.Having heard the couple's submission, the HC said that a prima facie case was made out and stressed that no person can turn the personal choice of a major into an "issue of honour".In this backdrop, the court issued notice to the private respondent and gave them two weeks' time to file a counter-affidavit.As an interim measure, the court directed that the petitioners shall not be arrested in connection with the criminal case.Besides, the court explicitly ordered the woman's family member, along with his relatives, not to harm the petitioners, enter their house, or establish contact with them directly or through any electronic communication means.The court also directed the Aligarh SSP to ensure that no harm comes to the couple at the hands of the opposing respondents or their associates.The HC posted the case for next hearing on April 8.