Constitution of India – Article 21 – Right to choose life partner – Missing complaint of petitioner no.1 lodged by her father – FIR – On investigation it was found that without informing her parents, she had travelled from Hubli to Delhi and married petitioner no.2 – Resided with him in U.P – Sent marriage certificate to parents on whatsapp – Informed IO – IO insisted on her to visit Murgod police station, objected by her in view of threat from parents – Petitioners approached Allahabad High Court for protection, matter not listed even after a month – Writ petition u/Art.32 – Held: Both the parties are well educated, majors and Hindu by religion – Educated younger boys and girls are choosing their life partners in departure from the earlier norms of society where caste and community played major role – This is the way forward – Proceedings in pursuance to FIR registered at Murgod police station, quashed.
Disposing of the petition, the Court
HELD : 1.1 If the IO could have visited the residence of petitioner No.2, he could very well have recorded the statement of petitioner No.1 at the place where the petitioners were residing rather than insisting and calling upon the petitioners to come to the local police station at Karnataka. Not only that, he undoubtedly sought to compel the petitioner No.1 to come and record the statement at police station on the threat of possibility of a false case being registered by her parents against the petitioner No.2 and the consequent action of the police which would result in the arrest of petitioner No.2. The conduct of the IO is strongly deprecated in adopting these tactics. [Para 7][521-G-H; 522-A]
1.2 Both the parties were well educated. However, there was resistance from the parents of petitioner No.1, though the parents of petitioner No.2 were willing for the matrimony of both the well qualified petitioners who are majors and Hindu by religion. Educated younger boys and girls are choosing their life partners which, in turn is a departure from the earlier norms of society where caste and community play a major role. Possibly, this is the way forward where caste and community tensions will reduce by such inter marriage but in the meantime these youngsters face threats from the elders and the Courts have been coming to the aid of these youngsters. The intervention of this Court would really not have been required in the given facts of the case if the IO had conducted himself more responsibly in closing the complaint and if he really wanted to record the statement of the petitioner No.1, should have informed that he would visit her and recorded the statement instead of putting her under threat of action against petitioner No.2 to come to the police station. The way forward to the police authorities is to not only counsel the current IOs but device a training programme to deal with such cases for the benefit of the police personnel. The police authorities are expected to take action in this behalf in the next eight weeks to lay down some guidelines and training programmes how to handle such socially sensitive cases. The proceedings in pursuance to the FIR registered at Murgod Police Station, Belagavi District, Karnataka are quashed. [Paras 8, 9, 12-14] [522-B, C-D; 523-B-E]
Shakti Vahini vs. Union of India (2018) 7 SCC 192 : [2018] 3 SCR 770; Asha Ranjan v. State of Bihar (2017)
4 SCC 397 : [2017] 1 SCR 945; Shafin Jahan v. Asokan K M & Ors. (2018) 16 SCC 408; Lata Singh vs. State of U.P (2006) 5 SCC 475 : [2006] 3 Suppl. SCR 350; K.S. Puttaswamy v. Union of India (2017) 10 SCC 1 : [2017] 10 SCR 569 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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