Allahabad High Court
Smt. Reshma Bi Alias Radhika And Another vs State Of U.P. And 3 Others on 7 April, 2022
Author: Umesh Kumar
Bench: Umesh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- WRIT - C No. - 5148 of 2022 Petitioner :- Smt. Reshma Bi Alias Radhika And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Shiromani Yadav Counsel for Respondent :- C.S.C.,Mirza Ali Zulfaqar Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioners and learned counsel for respondent no.4 and learned A.C.S.C. In compliance of the order dated 1.04.2022, Smt. Reshma Bi alias Radhika along with respondent no.4 is present in person and have been identified by the respective counsel. There is no dispute that Smt. Reshma Bi Alias Radhika has attained majority.
Petitioner- Smt. Reshma Bi Alias Radhika has stated before the Court that she is Muslim by religion and willfully without any coercion she has converted her religion and married with petitioner no.2. She also expressed her desire to live with her husband-petitioner no.2 in future too.
The petitioners have preferred this writ petition for a direction upon the respondents not to interfere in their married life and also for protection of their lives and liberty.
The petitioners claim that they are adults and living together out of their own freewill. It is stated that for the said reason, the private respondent and his other family members have got annoyed and there is serious danger to the lives of the petitioners as they are being threatened and harassed.
In support of their age, the petitioner no. 1 has brought on record her certificate-cum-marksheet of High School Examination, 2019 wherein the date of birth of the petitioner no. 1 is shown as 25.12.2003 and petitioner no. 2 has brought on record his Adhar Card, wherein his date of birth is shown as 01.01.1997. Thus, it appears from the record that both the petitioners are major. They have performed their marriage as per Hindu Rites and Rituals on 5.01.2022 at Adarsh Vivah Samiti Civil Lines, Moradabad, and have applied for online registration of marriage but their marriage has not been registered.
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 his family. In case this Court does not grant them protection, their lives may be endangered.
With the consent of learned counsel appearing for the parties, this writ petition is being disposed of finally at this stage in terms of the Rules of the Court.
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."
However, learned A.C.S.C. submits that the girl is Muslim and boy is Hindu by religion and there is no compliance of Section 8 & 9 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
Learned counsel for the petitioners prays for and is granted 15 days' to move conversion application before the D.M. concerned as required under the provisions of Section 8 and 9 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 and obtain permission to the effect preferably within a period of two months under the provision of law.
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, Rampur, i.e. the second respondent, with a certified copy of this order, 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 two 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.
However, this order would not come in way of investigation, if any, pending before the police authorities and the law will take its own course.
With the aforesaid observations, the writ petition is partly allowed.
Pursuant to the order dated 1.4.2022, the cash amount of Rs.10,000/- deposited before Registrar General of this Court shall be paid to petitioner no.1- Smt. Reshma Bi Alias Radhika as per Rules.
Order Date :- 7.4.2022//Fhd