SMT. SAISTA ALIAS ASTHA YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME AND OTHERS
CRLP/1608/2025 · 2025-03-03
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125198 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125198 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1608 of 2025 Petitioner :- Smt. Saista Alias Astha Yadav And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Kanchan Pandey,Kanchan Verma (Km.),Pooja Rayakwar,Rushida Farheen Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. Supplementary Affidavit filed today in the Court is taken on record. Heard learned counsel for the petitioners and the learned A.G.A. and perused the record. By means of this writ petition, the petitioners prayed for issuance of mandamus commanding the opposite parties not to harass the petitioners and interfere in the peaceful married life. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 20.12.2024, they were of marriageable age. Petitioners have annexed High School Certificates as Annexure nos.1 & 2 in this regard as proof of their age and have also annexed the marriage certificate dated 20.12.2024 issued by The Arya Samaj Sanatan Seva Samiti, Prayagraj as Annexure No.3 to the writ petition. 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.
Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the Special Marriages Act, within a period of four weeks. He further submits that petitioners have applied for registration of their marriage before
the Special Marriage Officer, Pratapgarh under the Special Marriages Act and a copy of receipt of the same is annexed as Annexure No.SA-1 to the supplementary affidavit. 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. 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. Accordingly, the writ petition is disposed of. (Brij Raj Singh,J.) (Vivek Chaudhary,J.)
Order Date :- 3.3.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench