Allahabad High Court
Sanjana Patel & Anr. vs State Of U.P. Thru Prin. Secretary, ... on 25 March, 2021
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 8659 of 2021 Petitioner :- Sanjana Patel & Anr. Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors. Counsel for Petitioner :- Hari Om Singh,Kunwar Prithvi Tomar,Prabodh Kumar Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J.
Hon'ble Alok Mathur,J.
Heard learned counsel for petitioners and learned AGA for the State.
Notice to opposite party no.4 is dispensed with.
This petition has been filed for a writ of mandamus commanding the opposite parties to protect the married life of the petitioners as both are major.
At the outset, learned AGA has pointed out that there is no FIR lodged against the petitioners.
It has been alleged that petitioners have entered into matrimonial relationship being above the age of majority. The grievance of the petitioners in the writ petition is that personal liberty of the petitioners is unduly interfered with by the police authorities without there being any complaint or FIR lodged against them. The position of law as laid down by Apex Court in paragraph 17 of the case of Lata Silngh Vs. State of U.P. and another, 2006 (5) SCC 475 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 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 by instituting criminal proceedings by the police against such persons and further stern 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 personal liberty to lead life freely in a dignified manner.
The petition is, therefore, disposed of with a direction to the opposite parties not to interfere in the peaceful life and personal liberty of the petitioners in any manner.
Order Date :- 25.3.2021/Md Faisal