Allahabad High Court
Anshul Rani And Another vs State Of U.P. And 3 Others on 1 June, 2020
Equivalent citations: AIRONLINE 2020 ALL 1097
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- WRIT - C No. - 9267 of 2020 Petitioner :- Anshul Rani And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiva Tripathi Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
During lockdown period keeping in view the (COVID-19) pandemic, this case has been listed today in my chamber under the order of Hon'ble the Chief Justice.
Heard learned counsel for the petitioners and Sri Ajit Kumar Singh, learned Senior Counsel/Additional Advocate General assisted by Sri V.B. Singh Kachwaha, learned Standing Counsel for the state through Video Conferencing.
Facts in brief is that the date of birth of the petitioner no. 1 namely Kumari Anshul Rani is 20.10.1998, copy of the high-school certificate is appended Annexure-1 to the writ petition. In so far as the petitioner no. 2 namely Rohit Pal is concerned, according to the high-school certificate his date of birth is 06.06.1997, copy of the high-school certificate is appended as Annexure-2 to the writ petition. It is stated in paragraph-8 of the writ petition that both the petitioners are major and their marriage has been solemnized on 13.03.2019 in Vaidik Bharat Foundation, District Muzaffarnagar, copy of the marriage certificate is appended as Annexure-3 to the writ petition. It is further stated in the writ petition that both the petitioners are living peacefully but wholly illegally the father of the petitioner no. 1 namely Shiv Kumar/respondent no. 4 with the help of the Senior Superintendent of Police, Muzaffarnagar as well as Station House Officer, Police Station New Mandi, District Muzaffarnagar, respondent nos. 2 and 3 respectively are harassing them.
The petitioners claim that they are adults and living together out of their own freewill. It is stated that for the said reason, the respondent nos. 2 and 3 and the family members of respondent no. 4 have got annoyed and there is serious danger to the lives of the petitioners as they are being threatened and harassed.
The petitioners have averred in the writ petition that they are living as wife and husband. It is stated that they have apprehension that private respondent can eliminate them for the honour of their family. In case this Court does not grant them protection, their lives may be endangered.
Heard learned counsel for the parties and perused the record.
In view of the order proposed to be passed, there is no need to issue notice to private respondent.
The Supreme Court in a long line of decisions has settled the law that where a boy and a girl are major and they are living with their free will, then, nobody including their parents, has authority to interfere with their living together. Reference may be made to the judgements of the Supreme Court in the cases of Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234; Lata Singh v. State of U.P. and another, (2006) 5 SCC 475; and, Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396, which have consistently been followed by the Supreme Court and this Court, as well as of this Court in Deepika and another v. State of U.P. and others, 2013 (9) ADJ 534. The Supreme Court in Gian Devi (supra) has held as under:
"7. ... Whatever may be the date of birth of the petitioner, the fact remains that she is at present more than 18 years of age.
As the petitioner is sui juris no fetters can be placed upon her choice of the person with whom she is to stay, nor can any restriction be imposed regarding the place where she should stay. The court or the relatives of the petitioner can also not substitute their opinion or preference for that of the petitioner in such a matter."
Having regard to the facts and circumstances of the case, I am of the view that the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Superintendent of Police, Muzaffarnagar, with a self attested computer generated copy of this order downdoaded from the official website of High Court Allahabad. The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing, who shall provide immediate protection to the petitioners.
A liberty is granted to the private respondent that if the documents brought on the record are fabricated or forged, it will be open to him to file a recall application for recall of this order.
The petitioners undertake to get their marriage registered within a period of three months.
If the petitioners could not get their marriage registered within the stipulated period herein above, the protection granted under this order shall stand automatically vacated.
It is made clear that this Court has not adjudicated upon the alleged marriage of the petitioners and this order in no way expresses opinion about the validity of their marriage.
With the aforesaid observations, the writ petition is partly allowed. No order as to costs.
Order Date :- 1.6.2020 Swati