The Allahabad High Court has dismissed a kidnapping case against a man, which was initiated by his wife's uncle after the couple eloped. The court criticized the judicial magistrate for sending the adult petitioner back to her parental home, despite her expressed fear for her life.

"No one can restrain an adult from going anywhere they like, staying with a person of their choice, or marrying according to their will. This is a right under Article 21 of the Constitution, which guarantees protection of life and personal liberty," the court noted.

The 21-year-old woman married the man according to Muslim rites in April 2024, with the Telangana state waqf board issuing a marriage certificate. Despite this, her uncle filed an FIR against her husband under Section 363 (kidnapping) of the IPC. The police arrested her husband, took the woman into custody, and handed her over to her uncle.

When the woman was brought before the magistrate for a statement under Section 164 CrPC, she clearly stated that she had married by choice and that her husband was falsely accused. The couple then challenged the FIR in the high court.

A bench of Justices JJ Munir and Arun Kumar Singh Deshwal ruled that the judicial magistrate had wrongly sent the woman to her uncle's home, disregarding her statement under Section 164 CrPC, where she expressed fear for her life. The court asserted that the magistrate should have registered an FIR against the uncle and taken steps to protect the woman.

Highlighting that honour killings are not uncommon in such situations, the court stated that the Superintendent of Police, Siddharth Nagar, and the Station House Officer, police station-Bansi, Siddharth Nagar district, were accountable for failing to take action against the uncle and ensuring the woman's safety.

Concluding their observations, the court nullified the FIR against the husband and, in a decision dated June 7, directed the authorities to ensure that the woman's uncle or any other family member does not harm her.