MONIKA YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND 3 OTHERS
CRLP/321/2025 · 2025-01-16
Om Prakash Shukla, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116584 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116584 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2647-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 321 of 2025 Petitioner :- Monika Yadav And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Singh Tomar 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. 23.10.2024, they were of marriageable age. Petitioners have annexed their High School Certificates as Annexure nos. 1 & 2 in this regard as proof of their age and have also annexed the marriage certificate dated 23.10.2024 issued by Arya Samaj Sector H (Harsh Vihar Puraniya), Aliganj, Lucknow as Annexure No.3 to the writ petition. The petitioners have also got their marriage registered and have annexed the certificate of registration of marriage along with Annexure No.4 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. 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. Order Date :- 16.1.2025 Shravan (Om Prakash Shukla,J.) (Vivek Chaudhary,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench