No FIRs in love marriages, orders Hyderabad High Court


Hyderabad, Jun 11 (Deccan Chronicle): The Hyderabad High Court has directed the DGPs of both AP and TS to issue standing orders to all police stations that no FIR should be issued in the event of love marriage if proof is available that both the girl and boy are major or unless until it was established that the marriage took place under pressure, threat, intoxication, coercion or undue influence.

Justice Suresh Kumar Kait, in a recent verdict in a case with regard to love marriage, directed both the DGPs to also instruct police officers to investigate cases when parents of a girl lodge a complaint stating their daughter was missing or kidnapped. However, the police officers should be directed to close the FIRs whenever it is found that it is not a case of either girl missing or kidnap, but of love and the marriage was performed by mutual consent and both are major, and file the final report before the court.

The judge advised the police that their main duty was to maintain law and order. Whenever cases of inter-caste and inter-religion marriages come before them, they have to deal with them with utmost honesty and without forcing the youth who marry against the will of their parents to face their wrath. Referring to objections of parents to inter-caste and inter-religion marriages and also youngsters facing hardships when parents approach the police, the judge pointed out: “There are cases where parents live in the 21st Century; however, in event of inter-caste or inter-religion marriage, their thinking is of 18th Century”.

The judge said that there are “very rare examples in society where in cases of love, parents have solemnised marriages of their children in different caste or religion. They can write well and may also speak well about inter-caste and inter-religion marriages, but when the question is about their children, they are not near to what they say in society.” The judge observed: “It cannot be disputed that every educated person will claim that he does not believe in casteism and he loves all religions, but when their children are in love and solemnise marriage, then upper caste, lower caste, rich and poor, including religion, comes to their minds.” The judge opined if children do not agree with their thinking, then parents have no option but to accept or leave them to their fate.

He added: “The youth of this country is of very forward thinking. No one can control them. They do not mind solemnising inter-caste or inter-religion marriage.” Though Justice Suresh Kumar Kait had given these directions prior to the recent Swathi-Naresh love story, the directions assume significance and have become a discussion point in judicial circles after the tragic deaths of the lovelorn couple following their inter-caste marriage.

  

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Comment on this article

  • NN, Mangalore

    Sun, Jun 11 2017

    Very good judgement. Some parents may support inter-caste marriages of their children, but the entire society is not civilized enough to come out of 18th century.

    DisAgree Agree Reply Report Abuse

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Sun, Jun 11 2017

    This is a sound decision. Free consent of both parties to the marriage must be the rule of law, if both are of marriageable age. Parents often think not just of keeping their caste and sect, but also religion, uppermost in their minds, and are pressured by religious leaders, particularly where a christian girl or boy wants to marry a partner belonging to another religion, there are dictates from the clergy that they will not solemnize the marriage unless children are baptized and brought up in the christian faith -a medieval mindset which must be scrapped.

    DisAgree [5] Agree Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Sun, Jun 11 2017

    Let the Courts concentrate on Millions of pending cases ...

    DisAgree [2] Agree [2] Reply Report Abuse

  • Real bjp, MANAMA

    Sun, Jun 11 2017

    if there is no under pressure, threat, intoxication, coercion or undue influence then what's the problem in love marriage. Good move by Hyderabad court.

    DisAgree Agree [4] Reply Report Abuse

  • Sachidanand Shetty, Mundkur/Dubai

    Sun, Jun 11 2017

    As long as both parties are not cheating each other just to fulfill their hidden agenda no one should interfere in their personal life provided there should not be any burden on parents in later stage in case of their failure of love marriage? But in the same manner.... these children should not claim their rights in parents property or money since they are not ready to listen or obey their parents decision too. For example in our coastal region....almost all boys from different religion or cast....start with "My name is Raju or Kumar" but later we got to know that they have different name and they force their partner to convert to their religion and dump them after some time, then those girls can't come back to their parents house and nor they stay there!!!!

    DisAgree [7] Agree [3] Reply Report Abuse

  • kas, Mangalore

    Sun, Jun 11 2017

    The constitution /courts talk about the age and not the names....

    DisAgree [4] Agree [5] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Sun, Jun 11 2017

    What is one night stand?

    DisAgree [1] Agree [5] Reply Report Abuse

  • Rob Stan, Udupi / US

    Mon, Jun 12 2017

    Henry, it's going out for shopping, dinner during the day and say tata-bye bye the next morning.

    DisAgree Agree Reply Report Abuse

  • Beowulf, mangalore

    Sun, Jun 11 2017

    Our corrupt police officers will find a way to charge the boy no matter what.

    DisAgree [2] Agree [8] Reply Report Abuse


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Title: No FIRs in love marriages, orders Hyderabad High Court



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