Inter-Religious Marriage- "Woman Major, Has Right To Choose Her Partner": Allahabad HC Quashes FIR U/S 366 IPC Against Husband
Live LawThe Allahabad High Court last week quashed an FIR registered against a Muslim under Section 366 of IPC for allegedly kidnapping and marrying a Hindu girl.The Court was hearing the joint plea filed by the Woman and Man seeking quashing of the FIR claiming that the. The Allahabad High Court last week quashed an FIR registered against a Muslim under Section 366 of IPC for allegedly kidnapping and marrying a Hindu girl. The Bench of Justice Sunita Agarwal and Justice Sadhna Rani referred to the ruling of Allahabad High Court in the case of Salamat Ansari & others vs. State of UP & others, wherein it was observed by the Court that right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty." In view of this, the Court, in the instant matter, observed that from the first information report no offence under Section 366 IPC was made out, inasmuch as, both the petitioners are major and the petitioner no.1 has come up with the categorical stand that she had left her home with the petitioner no.2 willingly and is living with him as a married woman.