Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 126772 (ALL)

MAMTA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/1871/2025 · 2025-03-11

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:14763-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1871 of 2025 Petitioner :- Mamta And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Desh Deepak Verma Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. Supplementry Affidavit filed today 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 interfere in the peaceful matrimonial life of the petitioners. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 10.03.2025, they were of marriageable age. Petitioners have annexed their marriage certificate issued by Arya Samaj Shivpuri Kamta, Chinhat, Lucknow as Annexure No.SA-2 to the supplementary affidavit. Petitioner no.2 has annexed his High School as Annexure no.2 to the writ petition as proof of age and the petitioners have also annexed their Aadhar Cards as Annexure No.1 to the writ petition. Along with the supplementary affidavit petitioner no.1 has also annexed as Annexure SA-1, her Parivaar Register in which her date of birth is mentioned as 01.01.2006. 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 U.P. Marriages Registration Rules, 2017, within a period of four weeks. 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 :- 11.3.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench