Adult individuals have the right to enter into a marital tie of their own choice, and legal proceedings against inter-religious marriages can be quashed if found to be facetious.

1. The petitioners dispute the result of the investigation and the allegations levellled against them in the charge sheet on the grounds inter alia, that they got married to each other. Both of them had attained the age of majority at the time of this marriage. The petitioners proceed to state that since the marriage was an inter-religious one, it was resisted by the father of petitioner No. 2 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 copy of the marriage certificate the conversion certificate, it is stated, are attached to the petition as annexure-B. The petitioners also state 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, a copy whereof is attached to the petition as annexure-C. 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. Pursuant to this FIR the police authorities of Police Station, Poonch visited Delhi for the investigation of the case and apprehended the petitioners on 16.09.2015. The local police alongwith the Delhi police produced the couple before the Duty Metropolitan Magistrate (Central District Delhi) for remand and the learned Magistrate after examining the FIR, the officer incharge from J&K and the officer from Delhi Police, granted 18 hours remand to the Police authorities to produce the couple before the local police. It is further contended that by order dated 16.9.2015, the learned Metropolitan Magistrate directed as under:

“That I have also interacted with alleged victim. She has stated that she is a major and has married the accused with her own consent. Even accused has stated that victim is age about 21 years and they have got married in Arya Samaj Mandir at Ghaziabad after her conversion to Hinduism and has been renamed as Sonia. He has stated that he has documentary proof recording the said facts. Both the accused as well as victim have also stated that they have apprehensions about their security.

The claims and counter claims of police and victim/accused cannot be considered in a summary manner and needs detailed scrutiny by the concerned court in the given facts and circumstances the application seeking transit remand of accused is allowed and 18 hours time is given to produce the accused before the concerned court/local Duty Magistrate.

Further, SHO PS Subzi Mandi is directed to provide adequate security cover to the victim and produce her before concerned court for further direction/security. At least one male and female officer shall accompany the victim till her production before the court.

SI Kapil is directed to file the compliance before Ld CMM Central Delhi, Tis Hazari court within one month from today. SHO PS Subzi Mandi is directed to file the compliance report before Ld. CMM Central Delhi, Tis Hazari Court within one month week from today.

2. It is stated in the FIR that the brother of the petitioner No.1 alongwith his father and one Jai Dev forcibly barged into the house of the complainant and kidnapped the petitioner No. 2 named Farzana Kouser from this custody. It is further stated that the petitioner No. 2 Farzana Kouser alias Sonia Sharma fled away from the clutches of her parents who had confined her in their house, whereafter she filed a petition bearing No. 1440/2015 before this court in which the official respondents were directed to provide protection to the petit