Allahabad High Court
Smt. Parul Mishra @ Parul Shukla & Anr. vs State Of U.P. Trhu. Prin. Secy. Home, ... on 5 August, 2020
Bench: Anil Kumar, Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 12511 of 2020 Petitioner :- Smt. Parul Mishra @ Parul Shukla & Anr. Respondent :- State Of U.P. Trhu. Prin. Secy. Home, Lko. & Ors. Counsel for Petitioner :- Naveen Kumar Pandey,Neeraj Pandey Counsel for Respondent :- G.A. Hon'ble Anil Kumar,J.
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioners and learned A.G.A. for the opposite party nos.1 to 3.
Since the point involved in the present writ petition is trivial in nature, so with the consent of parties counsel, who are present today, writ petition is being decided at the admission stage.
Notice to the opposite party no.4 is dispensed with.
This petition has been filed for a writ of mandamus directing the opposite party nos.2 and 3 not to harass the petitioners.
It is stated by learned counsel for the petitioners that both the petitioners are major and have married with each other by their own free will on 23.7.2020 as per Hindu rites at Arya Samaj Mandir, Aliganj, Lucknow. In this regard, reliance has been placed on the marriage certificate as well as their age certificate, annexed as Annexure Nos.1 and 2 respectively to the writ petition. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners till date.
However, opposite party no.4, being annoyed with their marriage, is creating hindrance in order to disturb their matrimonial life with the help of police authority of concerned police station. As such, the petitioners made a representation to the opposite party no.2 requesting therein that police authority of concerned police station may be directed not to interfere in the peaceful matrimonial life at the behest of opposite party no.4 but till date, nothing has been done by the police authority. So, they have approached this Court, for redressal of their grievances, by filing the present writ petition.
Learned counsel for the petitioners 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.
Order Date :- 5.8.2020 Sachin