Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 102035 (ALL)

MRS. ASAMA BANO AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/32883/2024 · 2025-01-10

Vinod Diwakar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:5697 Court No. - 76 Case :- WRIT - C No. - 32883 of 2024 Petitioner :- Mrs. Asama Bano And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Wasi Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, Shri Arvind Kumar Singh, learned Standing Counsel for the State-respondents, and perused the records. 2. The petitioners have filed the instant petition to seek protection from the police as they solemnized their marriage without the consent of their parents. 3. On the last day of the hearing, the Court sought a verification report regarding the legitimacy and genuineness of the documents filed along with the petition. On police verification it's revealed that petitioner no.1-Smt. Asama Bano is already married and she has filed a criminal case against her earlier husband and his other family members, which was registered vide case crime no. 03 of 2022, under Sections 498A, 323, 406 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Kaushambi, which is pending trial before the competent court. Learned Standing Counsel further submits that the Nikahnama, which is alleged to be issued somewhere from Rajasthan, annexed with the writ petition is also not readable, therefore, it cannot be verified by the police. The police report further reveals that the petitioner no.1-Smt. Asama Bano has filed a case under Section 125 Cr.P.C. claiming maintenance from her earlier husband. Therefore, the writ petition deserves to be dismissed with cost. 4. Since the petitioners have filed the instant writ petition concealing the material facts, the writ petition is dismissed. Order Date :- 10.1.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad