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2025 DAILYLAW 124017 (ALL)

PUSHTAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/1413/2025 · 2025-02-18

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10420-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1413 of 2025 Petitioner :- Pushtam And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Sanjay Kumar Verma,Vasuvrat 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. 07.10.2024 they were of marriageable age. The marriage certificate dated 07.10.2024 issued by the Arya Samaj Shivpuri Kamta, Chinhat, Lucknow is annexed as Annexure-1 to the writ petition. Petitioners have annexed High School Certificates as Annexure nos.2 and 3 in this regard as proof of age. He 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. Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017 within a period of four weeks. 5. 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. 6. 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. 7. Accordingly, the writ petition is disposed of. Order Date :- 18.2.2025/Pks ( Brij Raj Singh, J.) ( Vivek Chaudhary, J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench