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2025 DAILYLAW 123097 (ALL)

BABU KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/1243/2025 · 2025-02-12

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9102-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1243 of 2025 Petitioner :- Babu Khan And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Nripendra Mishra,Shakeeb Ahmad 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. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 05.11.2024 they were of marriageable age. The 'Nikahnama'/Marriage Certificate dated 05.11.2024 is annexed in this regard as Annexure-1 to the writ petition. Petitioner no.1 has annexed their PAN Card and Aadhar Card as Anneuxre No. 2 and 3 to the writ petition and petitioner no.2 has annexed her High School Certificate as Annexure no.4 in this regard as proof of their age. It is also stated in paragraph no.11 of the writ petition that the first husband of the petitioner no.2 has given divorce(Triple Talaq) to her. 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 :- 12.2.2025/Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench