Allahabad High Court Slams Police Interference In Consensual Adult Marriage
Background Of The Case
In a recent and significant ruling, the Allahabad High Court in Saubhangini Shukla and another v State of UP and Others took a stringent view against police interference in consensual marriages between adults. The matter came up in Criminal Misc. Writ Petition No. – 9542 of 2026, bearing Neutral Citation No.: 2026:AHC:154672-DB, decided on 27 July 2026.
The Division Bench, consisting of Hon’ble Mr Justice JJ Munir and Hon’ble Mr Justice Tarun Saxena, examined the legality of an FIR dated 19.04.2026 registered as Crime No. 108 of 2026 under Section 87 of the Bharatiya Nyaya Sanhita, 2023 at Police Station Suriyavan, District Bhadohi. This FIR was lodged by the father of the first petitioner, alleging that his daughter had been wrongfully enticed away by the second petitioner.
From the outset, the Court made it abundantly clear that what was essentially a consensual marriage between two adults had been wrongly converted into a criminal investigation, with the police overstepping their legitimate role.
Facts As Placed Before The Court
Relationship And Marriage Of The Petitioners
The first and second petitioners informed the Court that:
- Both are adults as per Indian law.
- They had been in a relationship for about one year prior to their marriage.
- They chose to marry and live together as husband and wife.
- Their marriage was solemnised on 18.02.2026 at Arya Vedic Sabha, Prayagraj, in accordance with Hindu rites.
Their educational background was also highlighted:
- Both petitioners had completed M.Sc., BTC.
- As per the high school certificates:
- First petitioner’s date of birth: 06.01.1998
- Second petitioner’s date of birth: 20.02.1999
Accordingly, the Court recorded that the first petitioner was about 28 years of age and the second petitioner about 26 years. The writ petition contained a copy of the marriage certificate and photographs of the ceremony. It was also specifically asserted that this was the first marriage for both individuals, and there was no prior marriage on either side.
The second petitioner was stated to be employed as an Assistant Teacher in a primary school in Madhya Pradesh and financially capable of supporting the first petitioner.
Reaction Of The Family And Threat To Petitioners’ Liberty
The first petitioner disclosed that after the marriage, she informed her father and brother about the marriage on 17.04.2026. This disclosure allegedly provoked a violent reaction:
- She was beaten by family members.
- She and her husband were threatened with death.
Consequently, she left her parental home and sought protection. On the same date, 17.04.2026, she sent written representations by registered post to:
- The Superintendent of Police, Bhadohi, and
- The Station House Officer, Police Station Suriyavan, District Bhadohi
seeking protection of her and her husband’s life and liberty from the fourth respondent (her father). Copies of these applications and postal receipts were placed on record.
According to the petition, despite both parties being adults and having married of their own volition, the fourth respondent and other relatives, allegedly with the connivance of the local police, were attempting to:
- Get the petitioners arrested,
- Separate them forcibly, and
- Return the first petitioner to her father against her wishes.
The petitioners expressed a genuine apprehension for their lives and personal liberty at the hands of the fourth respondent. They contended that any such interference was a misuse of the criminal justice system and a direct violation of their fundamental rights.