Allahabad High Court
Smt. Rukhsar Bano @ Shipra Devi & Anr. vs State Of U.P. & Others on 25 January, 2010
Bench: Ashok Bhushan, Virendra Singh
Court No. - 2 Case :- WRIT - C No. - 1142 of 2010 Petitioner :- Smt. Rukhsar Bano @ Shipra Devi & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- Mohd. Asif Kamal Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon'ble Virendra Singh,J.
Heard learned counsel for the petitioners.
By this writ petition, the petitioners have prayed for a mandamus commanding the respondent nos. 3 and 4 not to interfere in the peaceful married life of the petitioners in any manner whatsoever. The petitioners' case in this writ petition is that they being major, have performed their Nikah on 22.12.2009 after the petitioner no. 1 adopted Muslim Religion.
A perusal of the writ petition indicates that the allegations made are vague and general. There are no such allegations in the writ petition on the basis of which, the writ petition can be entertained under Article 226 of the Constitution of India. The mere fact that the petitioners have got married cannot furnish any cause of action to the petitioners to file a writ petition under Article 226 of the Constitution of India.
It is true that any two major persons are free to marry and live together, but unless there are sufficient materials or allegations, this court in exercise of writ jurisdiction cannot entertain such a writ petition.
We however observe that if there is any kind of harassment or threat or any offence is committed against the petitioners, it is always open for them to take such action as permissible under the provisions of the Code of Criminal Procedure.
The writ petition is dismissed with the aforesaid observations.
Order Date :- 25.1.2010 Jaideep/-