Neutral Citation No. - 2025:AHC:38900 Court No. - 76 Case :- WRIT - C No. - 39673 of 2024 Petitioner :- Smt. Anju And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Singh,Rajveer Chaurasiya Counsel for Respondent :- C.S.C.,Rajeev Mishra Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel appearing on behalf of the State-respondents, and perused the material available on record. 2. The present writ petition has been filed seeking appropriate directions to the respondent authorities, particularly the local police, to ensure the protection of the petitioners' lives, liberty, and property, in accordance with the guarantees under Article 21 of the Constitution of India. 3. Learned counsel for the petitioners submits that petitioner nos.1 and 2 have solemnized their marriage voluntarily, without consent of family, and therefore, vide order dated 20.02.2025, this Court directed the concerned police authority to verify the veracity of the claims made by the petitioners in the writ petition. 4. On the previous date, after hearing the parties, the S.H.O. P.S. Charkhari, District Mahoba was also directed to ensure the presence of both the petitioners, Smt. Susheela and Smt. Poonam- the Village Pradhan. Pursuant to the aforesaid order, the following persons appeared before the Court and were duly identified by the learned counsel for the petitioners: (i) Smt. Poonam, Village Pradhan of Village Soopa, (ii) Smt. Susheela, stated to be the first wife of petitioner no.2- Rajendra Prajapati, and (iii) Smt. Phoola Rani and Shri Mansukh, mother-in-law and father-in-law of Smt. Susheela, respectively. 5. The police verification report reveals that petitioner no.2- Rajendra Prajapati had previously solemnized marriage with Smt. Susheela, the widow of his deceased elder brother, Bharat Lal. As such, the current marriage with petitioner no.1- Smt. Anju constitutes the second marriage of petitioner no.2, and therefore, learned Standing Counsel submits that the marriage between petitioner nos.1 & 2 stands void ab initio. 6. The statements of Smt. Poonam, Smt. Susheela, Smt. Phoola Rani, and Shri Mansukh were duly recorded before the Court and the same have been taken on record. 7. Smt. Poonam further deposed that petitioner no.2 and Smt. Susheela had married as per Hindu rites and customs, and cohabited as husband and wife for a period of approximately two years in the village. 8. Smt. Susheela has stated on oath that following the demise of her husband, Bharat Lal, she entered into a matrimonial relationship with petitioner no.2 (her brother-in-law). She further averred that she lived with petitioner no.2 for two years; however, her in-laws subsequently became hostile and allegedly conspired to deprive her of her lawful share in the ancestral property of her deceased husband. She expressed genuine apprehension regarding the safety of her minor daughter, Abhilasha, aged about four years, fearing potential harm to her life. 9. Smt. Phoola Rani and Shri Mansukh, mother-in-law and father- in-law of Smt. Susheela, corroborated her version and undertook to provide a piece of land adjacent to the main road passing through Police Chowki for the construction of a residential house for Smt. Susheela. 10. Petitioner no.2- Rajendra Prajapati has also assured the Court of his cooperation in the construction of said residential premises for Smt. Susheela. 11. Having considered the factual matrix of the case, the statements recorded, and the assurances given before this Court, the writ petition is disposed of with the directions that Shri Vinod Kumar Singh, Sub-Inspector and In-Charge of Outpost Soopa, Police Station Charkhari, District Mahoba, shall extend his full cooperation in the implementation of the terms of this order and in ensuring the safety and welfare of Smt. Susheela and her minor daughter, and the parties concerned shall bound by their statements recorded in the Court. In case, the petitioner no.2 and his parents fails to honour the undertaking, Smt. Susheela shall be at liberty to make a representation before the District Magistrate, Mahoba, who shall ensure the compliance of the terms of the order. 12. In view of the aforesaid terms, the personal appearance of Shri Vinod Kumar Singh, Sub-Inspector, Smt. Poonam, Village Pradhan, Smt. Susheela, Smt. Phoola Rani, and Shri Mansukh is dispensed with. Order Date :- 12.3.2025 Anil K. Sharma Vinod Diwakar, J. Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad