Directing the police to provide protection to an interfaith couple, the Allahabad High Court has clarified the woman''s conversion to Islam would not be a relevant factor in ensuring that there is no interference in their liberty, unless there is any allegation by her regarding forcible conversion.
The court directed the Moradabad police to give protection to the 0interfaith couple who alleged that their family members were interfering in their marital life and liberty.
Yashi Devi, aged about 20, and Guchhan Khan, aged about 40, married on January 11, 2021 after she converted to Islam.
The couple, residents of Moradabad district in Uttar Pradesh, requested the high court to issue necessary directions to the respondents not to interfere with their marital life and liberty.
It was claimed that the petitioners were major and had solemnised the marriage out of their own free will. It was also alleged that their family members are interfering in their marital life and liberty.
Justice Salil Kumar Rai, while hearing the matter, referred to the Supreme Court''s judgment in the case of Lata Singh vs State of UP and observed that law is settled that it is the right of couple to live peacefully without any interference in case they are major.
The 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 Apex Court, it shall be open for them to approach the Senior Superintendent of Police (SSP) of the Moradabad district and furnish necessary details in that regard, like proof of their majority, marriage and alleged harassment, etc., and the police officer shall take all steps as may be required in law to ensure that petitioners'' life and liberty are not interfered with, keeping in view the directions issued in the Lata Singh case.
"It is also clarified that 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.
The court also clarified that the woman''s conversion to Islam would not be a relevant factor in the case unless she complains of forcible conversion, the court said.