Supreme Court of India · 2006-04-10
Fajlor Rahman @ Mohamod Fajloo @ Raju And ... vs State Of Punjab And Anr.
- Citation / case number
- 2006CRILJ3281
- Court
- Supreme Court of India
- Petitioner
- Fajlor Rahman @ Mohamod Fajloo @ Raju And ...
- Respondent
- State Of Punjab And Anr.
- Bench
- Ashok Bhan, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court, while considering a transfer petition under Section 406 of the Criminal Procedure Code, 1973, held that the relationship between the petitioners was consensual and that the allegations against them were unfounded. The Court emphasized that the petitioner No. 2, being a major, had the right to leave her parental home and marry of her own free will, thereby establishing the principle that consent in marriage is paramount. The Court ordered the transfer of the case from Jalandhar, Punjab to Barpeta, Assam, to ensure a fair trial.