SMT. RITA KASYAP AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND OTHERS
/76/2025 · 2025-01-07
Om Prakash Shukla, Vivek Chaudhary
body2025
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[ 2025 DAILYLAW 113926 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113926 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1002-DB
Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 76 of 2025 Petitioner :- Smt. Rita Kasyap And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Others Counsel for Petitioner :- Ram Asarey Verma Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for petitioners and learned A.G.A. for the State. By means of this writ petition the petitioners have prayed for issuance of a writ, order or direction in the nature of mandamus directing the opposite parties not to disturb and interfere in the matrimonial life of the petitioners and further not to harass the petitioners. It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 are major and have married with each other by their own free will on 07.10.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Aliganj, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.1 to the writ petition. Petitioners have also registered their marriage before the Marriage Registration Authority and the Marriage Certificate issued is annexed as Annexure No.1 to the writ petition. Further contention of the
learned counsel for the petitioners is that on the date of their marriage i.e. on 07.10.2024, petitioners were of the age of majority. It is stated that there is no F.I.R. lodged against petitioners as on date. Learned counsel for petitioners has
invited our attention to the High School Marksheet-cum- certificate of the petitioner no. 1 in which her date of birth is shown as 02.03.1992 and as per High School Mark-sheet, date of birth of petitioner no.2 is 09.12.1992. Both the documents are annexed as annexure No. 3 collectively to the writ petition. As the marriage was against the wishes of the family members, therefore, it is alleged that the Police is harassing them at their instance. Considering the facts of the case, the writ petition is disposed of with the observation that if the petitioners are not wanted in any criminal case and they were of the age of majority on the date of marriage then the police shall not unnecessarily harass them. It is, however, made clear that the Court has neither entered into nor adjudicated the age of the petitioners nor the validity of their alleged marriage.
Order Date :- 7.1.2025 Arti/- [Om Prakash Shukla,J.] [Vivek Chaudhary,J.] Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench