AIR 2014 ALLAHABAD 1 ::(2013) 9 ADJ 534 (ALL) ::2013 (9) ADJ 534 ::2013 (101) All LR 850

Allahabad High Court

Hon'ble Judge(s): Pradeep Kumar Singh Baghel , J

Constitution of India , Art.21, Art.226— Right to live peacefully - Parties were major and living as husband and wife with their free will - Police cannot interfere in their peaceful living on complaints made by parents or relatives. If the parties are major, they have unfettered right to choice of a person with whom they, want to live. The Courts are not concerned whether their marriage is solemnized or not. Therefore, if a complaint is made by the parents/relatives against a boy or a girl, the police officers shall have a limited role in such matter, under the Law, that they can verify their age and whether they have decided to live together voluntarily. If they are educated and they produce their educational and other certificates, admissible under the law, from which it is evident that they have attained the majority and they are living with their free will then no police officer shall take any coercive action against them. If they do not have any documentary proof regarding their age and they come from the rural background and are illiterate/semi-literate, the police officer can subject such boy or the girl to ossification test to verify their correct age, and he can also follow the other procedure permissible under the law. If the police officer is satisfied that they are major then he has no authority to interfere with th....