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| HC quashes FIR against boy for marrying girl against her parents' will | | Inter religion marriage by adults | | Early Times Report
JAMMU, Feb 11: An adult woman has an unfettered right to live a life of her choice said the High court of Jammu and Kashmir at Jammu while quashing the FIR lodged against one Rinku Kumar for marrying a girl out of her parent's Will.
The petitioners pleaded that they got married to each other when they had attained the age of majority. The petitioners stated that since the marriage was an inter- religious one, it was resisted by the father of girl and therefore, it was not safe for them to perform the rituals in the State of J&K as a consequence of which they performed the same at Gaziabad (U.P.) on 7.9.2015 where the petitioner No. 2 (bride) changed her faith into Hinduism and was named as Sonia Sharma.
The petitioners also stated that the marriage was registered in accordance with the statutory requirement of the State and the registration certificate was issued in favour of the parties in accordance with the Uttar Pradesh Marriage Registration (Rules) 1973 dated 7.9.2015.
It is further stated that the marriage between the petitioners did not augur well with the father of the petitioner No. 2 and it was at his behest that a false and frivolous case bearing FIR No. 126/2015 for the commission of offences under section 366/109 RPC was registered on 06.9.2015 against the petitioner No. 1 at Police Station, Poonch.
The Learned Chief Judicial Magistrate, Jammu recorded the statement of Farzana Kouser, alias Sonia Sharma on 26.7.2016 wherein she has reiterated that she entered into a marital tie with Rinku Kumar at Ghaziabad on 7.9.2015. This marriage was performed in a temple and thereafter in the Court. She forwarded the documents depicting this marriage to her parents by post.
Justice M K Hanjura after hearing the contentions of the Learned Counsels held that from a bare perusal of the material on record, it reveals that both of them had attained the age of majority on the date of occurrence, meaning thereby it was the decision of two adults to enter into the wed lock. Where two adults agree to enter into a marital tie, nobody can interfere or harass the couple.
Viewed in the above context, Justice Hanjura held that the FIR No. 126/2015 and the proceedings arising therefrom are quashed. |
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