PRAYAGRAJ: Directing the police to give protection to an interfaith couple who have acccused their family members of interfering in their marital life and liberty, the Allahabad high court has clarified the fact that the petitioner girl having converted to Islam and proof of her marriage won’t be a relevant factor while ensuring that there is no interference in the liberty of the couple unless there is any allegation by her regarding forcible conversion.
The high court was hearing a writ petition wherein the first petitioner Yashi Devi,20, and Guchhan Khan, 40, from Moradabad.
They got married on January 11, 2021 after Yashi converted to Islam.
They requested the HC to issue necessary directions to respective family members — the respondents — not to interfere with their marital life.
They couple claimed in the petition that they were major and had solemnized marriage out of their own free will.
Referring to the Supreme Court judgment in the case of Lata Singh vs State of UP (AIR2006 SC 2522), the HC observed that law is settled it is the right of couples to live without any interference in case they are major.
“In view of the clear enunciation of law by the apex court in Lata Singh’s matter, it is obligatory for the authorities concerned to ensure compliance of the above directions in view of Article 141 of the Constitution of India, which clearly provides that the law declared by Supreme Court shall be binding on all courts within the territory of India,” observed Justice Salil Kumar Rai while disposing of the writ petition on June 8.The high court directed that in case the petitioners face any genuine threat to their life and liberty, or they are harassed, contrary to law laid down by the SC, it shall be open for them to approach SSP Moradabad and furnish necessary details like proof of their being major, marriage and alleged harassment, etc.
The who shall take all steps as may be required in law to ensure that petitioners’ life and liberty is not interfered with, keeping in view the directions issued in Lata Singh’s case, the court said.
“It is also clarified that the petitioners, if major, are entitled to live together even if not married and, therefore, proof of their marriage would not be required and shall not be insisted upon by the concerned police officer,” the court added.
“It is further clarified that the fact of the petitioner having converted to Islam would not be a relevant factor while ensuring that there is no interference in the liberty of the petitioners unless there is any allegation by petitioner No 1.