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2025 DAILYLAW 124583 (ALL)

SMT. KHUSHABU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/1522/2025 · 2025-02-20

S Q H Rizvi, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11172-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1522 of 2025 Petitioner :- Smt. Khushabu And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Aman Kumar Shrivastav,Priyanka Shahi 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 opposite parties concerned to protect the marital life and personal liberty of petitioners from any types of illegal interference of the opposite parties concerned and their harassment to the petitioners in the interest of justice. 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 13.02.2025 as per Hindu rite and rituals in Arya Samaj Mandir Shivpuri, Kamta Chinhat, Lucknow. The copy of the marriage certificate 13.02.2025 has been annexed as Annexure No. 1 to the writ petition. Further contention of learned counsel for the petitioners is that on the date of their marriage i.e. on 13.02.2025 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 27.10.2005 and as per Aadhar Card, date of birth of petitioner no.2 is 07.12.1996. Both the documents are annexed as Annexure No.2 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. Learned counsel for petitioners states that petitioners have also proceeded for registration of their marriage under the U.P. Marriages Registration Rules, 2017 and shall get their marriage registered positively within a period of four weeks. 5. 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