The Allahabad High Court has stepped in to protect a married couple who fear for their lives due to opposition from the woman’s family. The court made it clear that adults have the right to choose their partners and that such decisions cannot be turned into matters of so-called “honour”.
The order was delivered on March 25 by a division bench comprising Justice JJ Munir and Justice Tarun Saxena. The judges emphasised that it is the responsibility of the state to ensure the safety of individuals, even if the threat comes from their own relatives.
The case was brought before the court by Prachi Agrawal and her husband. They approached the court seeking relief after an FIR was registered against the husband under Section 87 of the Bharatiya Nyaya Sanhita (BNS), which deals with kidnapping and forcing a woman into marriage.
According to the couple, they were legally married at an Arya Samaj temple and have a valid marriage registration certificate issued under the Uttar Pradesh Marriage Registration Rules, 2017. They argued that the criminal case filed against them was false and motivated by the family’s disapproval of their relationship.
In their petition, the couple also submitted a joint affidavit expressing serious concern that they could become victims of an honour killing. Taking note of their claims, the court observed that a prima facie case existed and issued notice to the concerned private party, granting two weeks to file a reply.
Aligarh SP ordered to ensure couple’s safety
As an interim measure, the court granted the couple protection from arrest. It also directed the woman’s family members not to harm or contact the couple in any manner, including through electronic communication, and restrained them from visiting the couple’s home.
Further, the Senior Superintendent of Police in Aligarh has been instructed to ensure the couple’s safety. The matter is scheduled to be heard next on 8 April.
