ALATAMAS AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS
CRLP/328/2025 · 2025-01-16
Om Prakash Shukla, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116771 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116771 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2657-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 328 of 2025 Petitioner :- Alatamas And Another Respondent :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Rizwanul Haque Ansari,Mohd Javed,Santi Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. Supplementary affidavit filed today is taken on record. 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. 17.01.2023, they were of marriageable age. Petitioner nos. 1 and 2 have annexed their Aadhar Card and High School Certificate as Annexure no. 2 to the writ petition and Annexure no. 1 of the supplementary affidavit, respectively in this regard as proof of their age and have also annexed the marriage certificate/Nikahnama dated 4.1.2025 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. 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