Allahabad High Court
Smt Payal And Another vs State Of Up And 3 Others on 11 March, 2024
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:43113 Court No. - 81 Case :- WRIT - C No. - 5373 of 2024 Petitioner :- Smt Payal And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Vijay Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Mrs. Renu Agarwal,J.
1. Instant writ petition under Article 226 of the Constitution has been filed by the petitioners with prayer for issuing writ, order or direction in the nature of mandamus commanding/directing the respondent nos. 2 to 3 to secure the security of life and property of the petitioners.
2. Heard learned counsel for the petitioners, learned Standing Counsel for State respondents and perused the record.
3. Learned counsel for the petitioners submitted that both the petitioners have solemnized their marriage out of their free will and choice as well as driven by love affairs on 13.12.2023 in Alopibagh Mandir situated at Prayagraj, after attaining the age of majority and consent for marriage. Petitioner No.1 has brought on record her Adhar Card and petitioner No.2 has brought on record his Adhar Card which are annexed as Annexure Nos. 1 and 2 respectively to the writ petition which reveals that the date of birth of petitioner No. 1 is 01.01.2005 and she is major and of marriageable age and date of birth of petitioner No. 2 is 11.08.2001 and he is also major and of marriageable age. Learned counsel for the petitioners has averred in the writ petition that they are living as wife and husband and their relationship is not relished and agreed by private respondent and he has been interfering in their marital life. The petitioners apprehend danger to the life and liberty from respondent No. 4, therefore, the indulgence of this Court is sought. Petitioner No. 1 has also moved an application before the Superintendent of Police, Muzaffarnagar on 15.12.2023 through registered post seeking protection for herself and petitioner No.2 from respondent No. 4, but no action has been taken by police authorities in the matter. A copy of the said application is annexed as Annexure No. 6. It is further submitted that petitioners appeared before the Marriage Registration Officer-V, Ghaziabad thereafter their marriage has been registered on 31.01.2024 and copy of the marriage registration certificate is annexed as Annexure No. 5 to the affidavit, hence, it is prayed to issue an order or direction in the nature of mandamus directing respondents not to interfere in the peaceful marriage life of the petitioners and to secure the personal life and liberty of the petitioners from respondent No. 4. and his associates.
4. Learned Standing Counsel opposed the prayer but could not controvert the arguments as advanced by learned counsel for the petitioners.
5. In view of the order proposed to be passed, there is no need to issue notice to 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.
6. 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."
7. I have heard the rival submissions advanced on behalf of the parties and perused the entire materials brought on record. It transpires that the date of birth of petitioner No. 1 as is disclosed in her Adhar Card is 01.01.2005 and she is major and of marriageable age and date of birth of petitioner No. 2 according to his Adhar Card is 11.08.2001 and he is also a major and of marriageable age. It is the first marriage of the petitioners. Petitioners have solemnized their marriage in Alopibagh Mandir situated at Prayagraj according to Hindu Rites and Rituals and their marriage has been registered in the Marriage Registration Office concerned and copy of the certificate of marriage registration is annexed as Annexure No. 5 to the affidavit. Petitioners are at liberty to choose partners of their choice and they cannot be interfered with even by their parents. No one including the parents of petitioners have any right to create disturbance in peaceful marriage life of the petitioners, therefore, marriage of the petitioners need to be protected. The petitioners apprehend danger to the life and liberty from respondent No. 4, hence, the petitioner No. 1 moved an application before the concerned police station as well as Superintendent of Police, Muzaffarnagar on 15.12.2023 seeking protection for herself and petitioner No. 2 from respondent No. 4, but no action has been taken by the police authorities in the matter, therefore, the petitioners are entitled for grant of protection by this Court.
8. 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, Muzaffarnagar with a certified copy of this order, who shall provide immediate protection to the petitioners.
9. 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.
10. 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.
11. With the aforesaid observations, the writ petition is disposed of. No order as to Costs.
(Renu Agarwal,J.) Order Date :- 11.3.2024 Karan