KHUSHI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND OTHERS
CRLP/1501/2025 · 2025-02-21
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124531 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124531 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11231-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1501 of 2025 Petitioner :- Khushi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Om Prakash Tiwari,Mamta Tripathi,Shilpi Singh Bhadauriya Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Supplementary affidavit filed by the counsel for the petitioner is taken on record.
2. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
3. 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.
4. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 22.01.2025, they were of marriageable age. Petitioner no.1 has annexed Class 8th marksheet and Aadhar Card along with supplementary affidavit as Annexure nos.SA-1 and SA-2 in this regard as proof of his age. Petitioner no.2 has annexed copy of Pan Card, which is Annexure SA-3 to the supplementary affidavit. Learned counsel for petitioners further submits that their marriage has been registered under the Hindu Marriage Act, a copy of which is annexed as Annexure 1 to the writ petition. 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.
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 :- 21.2.2025/Pks ( Brij Raj Singh, J.) ( Vivek Chaudhary, J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench