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2025 DAILYLAW 126422 (ALL)

SEJAL GUPTA @ NIDA FATIMA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/1818/2025 · 2025-03-11

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14882-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1818 of 2025 Petitioner :- Sejal Gupta @ Nida Fatima and another Respondent :- State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and others Counsel for Petitioner :- Indrajeet Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary, J. Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the petitioners and the learned A.G.A. and perused the record. 2. Counsel for the petitioners states that in furtherance of the order dated 10.03.2025 notice under Section 5 of the Special Marriage Act, 1954 along with application has been given to the District Magistrate/Additional District Magistrate (Finance and Revenue), Barabanki, copy of which has been filed along with supplementary affidavit, which is taken on record. 3. By means of this writ petition, the petitioners prayed for issuance of mandamus commanding the opposite parties not to disturb the happy and peaceful life of the petitioners and not to harass the petitioners. 4. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 01.02.2025, they were of marriageable age. Petitioners no.1 and 2 have annexed High School Certificates as Annexure Nos.1 and 2 in this regard as proof of age. 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. 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. . (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 11.3.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench