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In a significant decision, the Allahabad High Court on Thursday opined that when two people are major and claim to be in love, not even their parents can object to their relationship. 

Court went on to state that the State Government must ensure that no harassment is met out to the couple.

A Division Bench of Justices Deepak Verma and Manoj Kumar Gupta observed,

“It cannot be disputed that two adults have right of choice of their matrimonial partner irrespective of religions professed by them. As the present petition is a joint petition by the two individuals who claims to be in love with each other and are major, therefore, in our considered opinion, nobody, not even their parents, could object to their relationship.”

The Court was hearing a joint plea filed by a young live-in couple, seeking the protection of the Court.

The petitioners being, 19 and 24 years respectively, moved the Court apprehending a threat to their life as their parents have opposed their relationship. In the aforesaid background, the petitioners have approached the Court praying for a writ of mandamus commanding the State to provide security to the petitioners.

The petitioner no. 1 sought conversion from Islam to Hinduism for which she had also filed a conversion application before the requisite authorities.

“The petitioner no. 1 is stated to have filed an application for conversion from Muslim to Hindu on 17.02.2021. On the said application, the District Magistrate has called for a report from concerned police station according to which also both of them are major. It is also stated in the said report that father of petitioner no. 2 is not agreeable to the marriage whereas his mother is ready for the same. It is further stated that both the parents of petitioner no. 1 are also not agreeable to their marriage,” Court noted in its order.

The Court proceeded to direct the State government to ensure that the petitioners are not subjected to any harassment by anyone, while disposing of the plea.

“The writ petition is disposed of with direction to the third respondent to ensure that the petitioners are not subjected to any harassment by respondent no. 5 or by any other person in connection with their relationship with each other. This order will, however, not be taken to mean that this Court has expressed any final opinion regarding the age of the petitioners as the findings are only prima facie in nature for the purposes of deciding the present controversy.”

In conclusion, the Court clarified that in case there is any F.I.R. registered against any of the petitioners, the instant order would not come in way of the investigation.

Case Name: Shifa Hasan And Another vs State of U.P. and Others

Access copy of Judgment Here