NISHA DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
/124/2025 · 2025-01-09
Om Prakash Shukla, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114576 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114576 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1588-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 124 of 2025 Petitioner :- Nisha Devi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Dr. Surendra Kumar Misra,Avnish Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the petitioners and the learned A.G.A. and perused the record. By means of this writ petition, the petitioners prayed for issuance of mandamus commanding the opposite parties not to harass the petitioners and interfere in the peaceful married life. 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. Petitioners have annexed High School Certificates as Annexure nos.2 & 3 in this regard as proof of age and have also annexed the marriage certificate issued by Arya Samaj Sector-H (Harsh Vihar Purniya), Aliganj, Lucknow dated 19.12.2024 as Annexure No.1 to the writ petition. He further says 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.
Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017, within a period of four weeks. 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. 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. Accordingly, the writ petition is disposed of. (Om Prakash Shukla,J.) (Vivek Chaudhary,J.)
Order Date :- 9.1.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench