Allahabad High Court
Smt. Shubhangi Rastogi & Anr. vs State Of U.P. Thru. Secy. Home Lko. & Ors. on 26 November, 2019
Bench: Shabihul Hasnain, Rekha Dikshit
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 32458 of 2019 Petitioner :- Smt. Shubhangi Rastogi & Anr. Respondent :- State Of U.P. Thru. Secy. Home Lko. & Ors. Counsel for Petitioner :- Rajiva Dubey Counsel for Respondent :- G.A. Hon'ble Shabihul Hasnain,J.
Hon'ble Mrs. Rekha Dikshit,J.
Heard learned counsel for the petitioners and learned A.G.A.
This petition has been filed for a writ of mandamus commanding the respondents not to create unnecessary hindrance in the peaceful marital life of the petitioners and not to disturb their mental peace and personal life and liberty.
It has been alleged that both the petitioners are major and have married with each other out of their own volition. The age of petitioner No.1 is about 20 years as per the Adhar Card annexed to the writ petition. There is no first information report lodged against the petitioners till date.
Learned counsel for the petitioner has relied upon the law laid down in paragraph 17 of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 which reads as under:-
"17..... 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 women or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone 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."
The petitioners have also pleaded for protection under Article 21 of the Constitution of India which guarantees liberty to lead life of their own with dignity.
The petition is, therefore, disposed of with a direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner.
It is, however, made clear that this Court has not expressed any opinion regarding validity of the marriage.
Order Date :- 26.11.2019 RKM.