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2025 DAILYLAW 122797 (ALL)

TAMANNA BANO AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. LKO. AND 3 OTHERS

CRLP/1259/2025 · 2025-02-21

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11241-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1259 of 2025 Petitioner :- Tamanna Bano And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Lko. And 3 Others Counsel for Petitioner :- Anil Kumar Yadav,Ram Sewak Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,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. Counsel for the petitioners submits that both the petitioners are major and both are in love with each other and are living together. Petitioners have annexed High School Certificates and Aadhar Card as Annexure no.1 in this regard as proof of age. Learned counsel for the petitioners further submits that notice under Section 5 of the Special Marriage Act for intended marriage has been filed on 06.02.2025 before the Marriage Officer/Additional District Magistrate, Sultanpur. Learned counsel for petitioners further 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. Counsel for the petitioners assures the Court that the parties shall appear before the Additional District Magistrate/Marriage Officer, Sultanpur to get the procedure completed with regard to Special Marriage Act. 5. After hearing learned counsel for the parties and going through the record, prima faice, the submission made by learned counsel for the petitioners appears to be correct, as such, as an interim measure, the it is provided that the petitioners shall not be harassed by anyone and no interference shall be made in their peaceful married life. 6. The Marriage Officer/Additional District Magistrate, Sultanpur shall complete the procedure with regard to Special Marriage Act within a period of six weeks. 7. Accordingly, the writ petition is disposed of. Order Date :- 21.2.2025 Pks ( Brij Raj Singh, J.) ( Vivek Chaudhary, J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench