Allahabad High Court
Ankita And Another vs State Of U.P. And Others on 3 August, 2021
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- WRIT - C No. - 13436 of 2021 Petitioner :- Ankita And Another Respondent :- State of U.P. and Others Counsel for Petitioner :- Anita Singh Counsel for Respondent :- C.S.C. Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
On 5.7.2021, this Court passed the following order :-
"Heard Ms. Anita Singh, learned counsel for the petitioners and Mr. Sharad Chandra Upadhyay, learned State Law Officer, appearing on behalf of the respondents Nos. 1, 2 and 3.
The submission of learned counsel for the petitioners is that the first petitioner is 24 years old, her date of birth recorded in her High School certificate being 07.07.1996, whereas the second petitioner is 39 years old according to the entry made in the Aadhar Card showing his date of birth to be 09.02.1982. Both the parties are Hindus and have married according to Hindu rites of their free will on 05.03.2021 at the Hanuman Mandir, High Court, Prayagraj. They are living together as man and wife. The petitioners have applied online for registration of their marriage on 26.03.2021, under the U.P. Registration of Marriage, Rules, 2017. It is urged that the father of the first petitioner, that is to say respondent No.4 Ramesh Chandra, is averse to the marriage and has threatened the petitioners with dire consequences, including holding out death threats. It is further argued that the petitioners are a legally wedded couple and living a peaceful married life. The petitioners seek protection from imminent injury to their life and limb. It also urged that police in connivance with the fourth respondent are threatening to apprehend the petitioners and forcibly separate them.
A prima facie case is made out.
Admit.
Issue notice.
Notice is made returnable on 03.08.2021.
Steps to serve respondent No.4 be taken by RPAD within a week.
On the date fixed, the office will submit a report regarding service together with the postal track, annexed.
List this petition for orders in the additional cause list on 03.08.2021.
Order on Civil Misc. Stay Application No.1 of 2021 Issue notice.
Until further orders, the Superintendent of Police, Kasganj and the Station House Officer, Police Station Patiyali, District Kasganj are restrained from arresting the petitioners or otherwise interfering in the peaceful married life in any manner whatsoever at the instance of respondent No.4 or paying them domiciliary visits. Likewise, the respondent No.4, Ramesh Chandra resident of village Nagla Jairam, Tehsil Sheetalpur, District Etah, is restrained either directly or vicariously from interfering with the petitioners life or causing them injury of life and limb through agency of third parties, directly or indirectly, in any manner or contacting the petitioners personally or through the agency of friends or through electronic means of communications, such as mobile phones or through a social networking site.
Let this order be communicated to the Superintendent of Police, Kasganj the Station House Officer, Police Station Patiyali, District Kasganj through the Superintendent of Police, Kasganj and to the fourth respondent Ramesh Chandra, through the Chief Judicial Magistrate, Etah by the Registrar (Compliance) within 48 hours."
Pursuant to above quoted order, the notice upon the 4th respondent has been served, however no one has put in appearance on his behalf.
In view of above, the order passed by this Court on 5 July 2021 is made absolute.
The writ petition is, accordingly, disposed of.
Order Date :- 3.8.2021 piyush