SAVITA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
/69/2025 · 2025-01-07
Om Prakash Shukla, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114790 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114790 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:932-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 69 of 2025 Petitioner :- Savita And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Riyaz Ahmad,Divesh Sinha,Sunil 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. 27.12.2024, they were of marriageable age. The marriage certificate dated 27.12.2024 issued by the Arya Samaj, Shanti Vihar, Chinhat, Lucknow is annexed as Annexure-3 to the writ petition. Petitioners have annexed a copy of their High School Certificates-cum-Marks Sheets as Annexure-1 & 2 to the writ petition as proof of age. Learned counsel for the petitioners 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. 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.
5. 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.
6. 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.
7. Accordingly, the writ petition is disposed of. . [Om Prakash Shukla,J.] [Vivek Chaudhary,J.] Order Date :- 7.1.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench