SMT. SAAZMA KHATOON AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/1521/2025 · 2025-02-20
S Q H Rizvi, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124391 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124391 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11113-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1521 of 2025 Petitioner :- Smt. Saazma Khatoon And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Upendra Kumar Sagar,Akanksha Suman Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard learned counsel for petitioners as well as learned A.G.A. for the State-respondents and perused the record.
2. By means of this writ petition the petitioners have prayed for issuance of a writ, order or direction in the nature of mandamus commanding the respondents not to harass and threat the petitioners and family members of the petitioner no.2 in any manner an further commanding the opposite parties no.2 and 3 to provide protection to the petitioners and family members of the petitioner no.2.
3. It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 are major and have married with each other by their own free will on 13.01.2025 as per Muslim religion rite and rituals. The copy of the Nikahnama dated 13.01.2025 has been annexed as Annexure No. 2 to the writ petition. After obtaining Nikahnama the petitioners got their marriage registered from the office of the Sub- Registrar, Sadar- First District Lucknow, a copy of the marriage registration certificate issued by Sub Registrar Sadar- First District Lucknow dated 11.02.2025 has been annexed to the writ petition. Further contention of learned counsel for the petitioners is that on the date of their marriage i.e. on 13.01.2025 petitioners were of the age of majority. It is stated that there is no F.I.R. lodged against petitioners as on date.
Learned counsel for petitioners has invited our attention to the
High School Mark-sheet of petitioner no. 1 in which her date of birth is shown as 01.01.2003 and as per High School Mark- sheet, date of birth of petitioner no.2 is 19.09.2002. Both the documents are annexed as Annexure No.1 to the writ petition. As the marriage was against the wishes of the family members, therefore, it is alleged that the police is harassing them at their instance.
4. Considering the facts of the case, the writ petition is
disposed of with the observation that if the petitioners are not wanted in any criminal case and they were of the marriageable age on the date of marriage then the police shall not unnecessarily harass them. It is, however, made clear that the Court has neither entered into nor adjudicated the age of the petitioners nor the validity of their alleged marriage. . (Syed Qamar Hasan Rizvi, J.) (Vivek Chaudhary, J.)
Order Date :- 20.2.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench