RASHMI RAI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS
CRLP/1199/2025 · 2025-02-11
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122604 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122604 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8690-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1199 of 2025 Petitioner :- Rashmi Rai And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Dheerendra Kr. Agnihotri Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard Shri Dheerendra Kr. Agnihotri, 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. 09.01.2025 they were of marriageable age. The marriage certificate dated 09.01.2025 issued by the Arya Samaj Vaidik Vivah Sanskar Trust, Akbarpur Behrampur, Ghaziabad, U.P. is annexed as Annexure-1 to the writ petition. Petitioners have annexed their Secondary Examination Certificates as Annexure no.4 and 5 in this regard as proof of their age and have also annexed the marriage certificate dated 09.01.2025 issued by the Marriage Registration Officer, Ghaziabad as Annexure No.3 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.
4. 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.
5. 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.
6. Accordingly, the writ petition is disposed of. . (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 11.2.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench