Prayagraj: Directing police to protect an interfaith couple, the Allahabad high court said on Tuesday, June 8, that the woman having converted to Islam is not a relevant factor in ensuring that there is no interference in the liberty of the couple, unless there is any allegation by her regarding forcible conversion.
The woman and her husband in Uttar Pradesh’s Moradabad district, had moved court alleging interference from family members.
The first petitioner Yashi Devi, who is around 20 years old, and the second petitioner Guchhan Khan, around 40, had got married on January 11, 2021. Yashi Devi had converted to Islam before the wedding.
The couple filed a writ petition, requesting the high court to issue necessary directions to the respondents, their family members, to not interfere with their marital life and liberty.
The couple said that they were both adults and had entered into the marriage of their own free will.
Also read: An Interfaith Couple Faced Violence, a Miscarriage and Arrest. We Can’t Say ‘No Harm Done’.
Referring to the Supreme Court judgment in the case of Lata Singh vs State of UP (AIR2006 SC 2522), the high court observed that that the law is settled that it is the right of couples to live peacefully without any interference if they are adults.
“In view of the clear enunciation of law by the apex court in Lata Singh’s matter, it is obligatory for the concerned authorities 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 the Supreme Court shall be binding on all courts within the territory of India,” observed Justice Salil Kumar Rai while disposing of the writ petition.
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 apex court, they can approach the senior superintendent of police, Moradabad, and furnish necessary details in that regard, like proof of their majority, marriage and alleged harassment, etc. for police to act.
“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 further added.
