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30 July 2026

Allahabad HC on police interference in marriages

This High Court ruling serves as a significant judicial precedent regarding the fundamental right to marry under Article 21 and the limits of police power in personal matters, which is a recurring theme in constitutional law and governance questions.

1 min read 1 questions 1 prelims

Notes

  • Allahabad High Court Division Bench (Justices J.J. Munir and Tarun Saxena) ruled that police have no authority to investigate marriages between consenting adults.
  • The court quashed an FIR registered under Section 87 of the Bharatiya Nyaya Sanhita (BNS) involving a couple who were both majors.
  • The court held that investigating the marriage of consenting adults constitutes an abuse of the process of criminal law.
  • The ruling reaffirms that the fundamental right to liberty under Article 21 of the Constitution includes the right to marry a person of one's choice.
  • The court imposed costs of ₹1,000 on the Superintendent of Police and the Station House Officer, and ₹5,000 on the complainant (the woman's father) for the misuse of police machinery.

Questions

  1. The right to marry a person of one's choice is an integral component of Article 21. In light of recent judicial observations, discuss the role of the police in upholding individual liberty versus their mandate to investigate crime. 150 words
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Prelims

  1. Which Article of the Indian Constitution has been interpreted by the judiciary to include the right of a major to marry a person of their choice?