Allahabad High Court
Smt Divyanshi And Another vs State Of U.P. And 3 Others on 24 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Case :- WRIT - C No. - 2286 of 2023 Petitioner :- Smt Divyanshi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Gajendra Kumar,J.
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 adult and living together out of their own freewill and their marriage/Nikahnama was solemnized on 11.01.2023 in District Pilibhit and they have applied for registration of their marriage. It is stated that for the said reason, the private respondent and their 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 petitioners have brought on record their High School Certificate; wherein, the date of birth of the petitioner no.1 is shown as 03.02.2004 and that of petitioner no.2 as 10.03.2001. Thus, it appears from the record that both the petitioners are major.
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 petitioners and learned Standing Counsel for the State-respondents.
In view of the order proposed to be passed, there is no need to issue notice to the private respondent. 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 wherein the Court has held thus:
"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."
The Apex Court in the case of Lata Singh v. State of U.P. and another, (2006) 5 SCC 475 has held as under:
"In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by 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 concerned, with a 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 for the respondent to file a recall application for recall of this order.
The petitioners undertake to get their marriage registered under "Uttar Pradesh Marriages Registration Rules, 2017" 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.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 24.1.2023 Sanjeet