SMT. SONAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
/21/2025 · 2025-01-07
Om Prakash Shukla, Vivek Chaudhary
body2025
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[ 2025 DAILYLAW 113845 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113845 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:839-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 21 of 2025 Petitioner :- Smt. Sonam And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Upendra Prakash Pathak,Pooja Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
2. By means of this writ petition, petitioners have prayed for issuance of mandamus commanding the opposite parties not to harass the petitioners and interfere in their peaceful married life.
3. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 19.12.2024, they were of marriageable age. The marriage certificate dated 19.12.2024 issued by the Arya Samaj Shivpuri Kamta, Chinhat, Lucknow is annexed as Annexure-2 to the writ petition. Petitioner No.1 has annexed a copy of her High School Marksheet-cum-certificate as Annexure No.3 to the Writ Petition whereas Petitioner No.2 has annexed copy of his Passport as Annexure No.5 to the Writ Petition for proof of age.
Learned counsel for the petitioners further submits that petitioners are in the process of getting their marriage registered, which shall be done within a period of fifteen days.
Learned counsel for petitioners further submits that there is no F.I.R. against the petitioners and they are not wanted in any criminal case, yet the police is harassing them at the behest of family members, who are not agreeable to the marriage. Therefore, this petition has been filed seeking a writ of mandamus directing the opposite parties not to interfere in peaceful married life of the petitioners.
4. In view of the above, it is provided that if the petitioners have married each other and are living together, were of marriageable age on the date of their marriage and they are not wanted in any criminal case, then the police shall not unnecessarily interfere in their peaceful married life.
5. It is, however, made clear that this Court has not entered into
nor adjudicated the age of the petitioners nor veracity/validity of the alleged marriage.
6. Accordingly, the writ petition is disposed of. (Om Prakash Shukla,J.) (Vivek Chaudhary,J.)
Order Date :- 7.1.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench