• About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service
Monday, August 31, 2026
The Kashmir Horizon
EPAPER
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
No Result
View All Result
Home Latest Update

Amid “love-Jihad” row Allahabad High Court cancels petition of hindu woman’s parents against Muslim husband of their daughter

Agencies by Agencies
November 24, 2020
in Latest Update, Main Story
A A
Share on FacebookShare on TwitterWhatsappTelegramEmail

Lucknow/Nov,24: A case filed against a Muslim man by the parents of his wife, who converted to Islam last year to marry him, has been cancelled by the Allahabad High Court. “Interference in a personal relationship would constitute a serious encroachment into the right to freedom of choice of the two individuals,” the court observed in a verdict that is significant in the middle of a fiery debate over “love jihad”.

“We do not see Priyanka Kharwar and Salamat Ansari as Hindu and Muslim, rather as two grown-up individuals who – out of their own free will and choice – are living together peacefully and happily over a year. The Courts and the Constitutional Courts in particular are enjoined to uphold the life and liberty of an individual guaranteed under Article 21 of the Constitution of India,” said a two-judge bench.

Salamat Ansari, a resident of east UP’s Kushinagar, and Priyanka Kharwar married against her parents’ wishes in August last year. Priyanka converted to Islam and changed her name to “Alia” just before their wedding.

The same month, Priyanka’s parents filed an FIR or First Information Report against Salamat, accusing him of crimes like “kidnapping” and “abduction to compel a marriage”. They included the stringent POCSO Act (Protection of Children from Sexual Offences Act), claiming that their daughter was a minor when she married.
On November 11, the Allahabad High Court ruled on Salamat’s petition requesting that the FIR be cancelled.

“The right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty,” the High Court said in the 14-page order, rejecting arguments by the UP government as well as the woman’s parents.

The judgement comes at a time BJP-ruled states like UP, Madhya Pradesh and Haryana have talked about bringing laws to stop “Love jihad”, a pejorative used by right-wing groups to target relationships between Muslim men and Hindu women, which, they say, is a ruse to forcibly convert the women.

Judges Vivek Agarwal and Pankaj Naqvi also made strong observations on the two previous orders by different judges in the same court in similar cases.

One of them was a writ petition in 2014 filed by five couples, seeking protection after interfaith marriages; the petition was dismissed. In another case, a single-judge bench in September refused to interfere in a petition by a couple as they sought protection three months after their marriage. The judge cited a Supreme Court order to say – “Religious conversion – just for the purpose of marriage – is not acceptable”.

“None of these judgments dealt with the issue of life and liberty of two mature individuals in choosing a partner or their right to freedom of choice as to with whom they would like to live. We hold the judgments in Noor Jahan (2014) and Priyanshi (September 2020) as not laying good law,” the High Court judges said.

Challenging the FIR, Salamat and Priyanka had alleged that it was “prompted by malice and mischief only with a view to bring an end to marital ties, and that no offences are made out.”

In response, the lawyers for the UP government and the woman’s parents argued that religious conversion to marry is banned and that “the marriage has no sanctity in law, so this court should not exercise its extraordinary jurisdiction in favour of such a couple.”

After establishing that the woman was an adult at the time of marriage, the two-judge bench made a host of observations to uphold “life and liberty”.

Invoking the constitution, the judges observed: “We fail to understand that if the law permits two persons even of the same sex to live together peacefully then neither any individual nor a family nor even state can have objection to relationship of two major individuals who out of their own free will are living together. Decision of an individual who is of the age of majority, to live with an individual of his/her choice is strictly a right of an individual and when this right is infringed it would constitute breach of his/her fundamental right to life and personal liberty as it includes right to freedom of choice, to choose a partner and right to live with dignity as enshrined in Article 21 of the Constitution of India.”

The court also clarified it was not commenting on the “the validity of alleged marriage/ conversion,” but was cancelling the case as no offences were proved and “two grown up individuals are before us, living together for over a year of their own free will and choice.

Agencies

Agencies

Related Posts

Free Eye Free Check-up Camp Held at Shirpora Pattan

Free Eye Free Check-up Camp Held at Shirpora Pattan
by KH Web Desk
August 30, 2026

Pattan, Aug 30: A free eye check-up camp was organised at Shirpora, Pattan, by Sharp Sight Eye Hospitals in collaboration...

Read moreDetails

FDA conducts 140 inspections; 55 food samples lifted across J&K

FDA conducts 140 inspections; 55 food samples lifted across J&K
by KH Web Desk
August 29, 2026

SRINAGAR, AUGUST 29: The Food & Drugs Administration (FDA), J&K, conducted food safety enforcement activities across various districts of Jammu...

Read moreDetails

Bus conductor dies after fall from moving bus in Srinagar’s Muniwar

Bus conductor dies after fall from moving bus in Srinagar’s Muniwar
by Agencies
August 29, 2026

Srinagar, Aug 29 (KNO): A 60-year-old bus conductor died after falling from a moving bus when an auto-rickshaw hit the...

Read moreDetails

Police Seals Medical Store During Joint Inspection in Anantnag

Police Seals Medical Store During Joint Inspection in Anantnag
by KH Web Desk
August 29, 2026

August 29: Police in Anantnag, in coordination with officials of the Drug Control Department, conducted an inspection of medical retail outlets...

Read moreDetails

Police arrests drug peddler in Anantnag, Charas recovered

Police arrests drug peddler in Anantnag, Charas recovered
by Agencies
August 29, 2026

August 29: Continuing its action against drug trafficking, Police in Anantnag apprehended a person during routine patrolling at Haji Mohalla Barariangan,...

Read moreDetails

Police Seal Medical Store During Joint Inspection In Anantnag 

Police Seal Medical Store During Joint Inspection In Anantnag 
by KH Web Desk
August 29, 2026

Anantnag, August 29: Anantnag Police, in coordination with officials of the Drug Control Department, conducted an inspection of medical retail...

Read moreDetails

About

The publication of “Kashmir Horizon” as an English daily was started with a modest attempt on May 19, 2008.It has been a Himalayan attempt for “The Kashmir Horizon” to survive the challenges posed to journalism in the violence fraught place like Jammu & Kashmir.

MORE

Search in Archive

DIGITAL EDITION

  • About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service

© The Kashmir Horizon - Designed by Gabfire

No Result
View All Result
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper

© The Kashmir Horizon - Designed by Gabfire