SMTZIKARA BANO AND ANOTHER v. State of UP AND 3 OTHERS
WRIC/35094/2024 · 2025-01-09
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 105170 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 105170 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:5198 Court No. - 76 Case :- WRIT - C No. - 35094 of 2024 Petitioner :- Smtzikara Bano And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Dileep Kumar Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents, and perused the record. 2. The instant petition has been preferred by the petitioners seeking direction to the police/respondents to take appropriate measures to protect the petitioners' lives and property. The petitioners claim to have married on 15.10.2024 in Maszid near High Court in presence of Mohd. Jameel and Junaid. The marriage was performed by Syed Ali Afwar Kaji. 3. The learned counsel for the petitioners submits that both petitioners are major and married according to Muslim law. He further states that the petitioners have married against the wishes of their parents, and therefore, face serious threats to their lives and property from their respective parents. 4. Under these circumstances, this Court directs the Commissioner of Police, Prayagraj to assess the threat to the petitioners' lives and property from their respective parents and relatives, and take appropriate legal measures to ensure the petitioners' protection upon their request and submission of a copy of this order. Otherwise, Article 21 of the Constitution of India also mandates that no person shall be deprived of his life or personal liberty except according to the procedure established by law. 5. It is clarified that this Court has not adjudicated the validity
of the alleged marriage or any other related issues. The police have the liberty to verify the Aadhar Card, Certificate-cum- Marksheet issued by the Educational Board, Marriage Certificate, contents of affidavits, documents proving the petitioners' ages, or any other documents to test the petitioners' bona fides. 6. However, if it is found that any false information has been provided in this writ petition to mislead the Court or any incorrect/false information has been mentioned in the protection request application to the police, the respondents/police are at liberty to take appropriate legal action against the petitioners in accordance with the law. 7. The details of the petitioners mentioned in the memo of parties to the instant writ petition are outlined herein below for ready reference and record of police:
"1. Smt. Zikara Bano, w/o Zeeshan Shah, d/o Istekhar Ahmad,
2.
Zeeshan Shah, s/o Munna Shah, Both resident of Salavat, Tola Word No. 10, Nagar Panchayat Handia, P.S. Handia, District Prayagraj"
8. With the aforesaid observations, the instant petition stands
disposed of.
Order Date :- 9.1.2025 Ujjawal Justice Vinod Diwakar Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad