SMT. SABBU AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME U.P. LKO. AND 2 OTHERS
CRLP/1934/2025 · 2025-03-10
Ajai Kumar Srivastava I, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127036 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127036 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14382-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1934 of 2025 Petitioner :- Smt. Sabbu And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home U.P. Lko. And 2 Others Counsel for Petitioner :- Mahfooz Alam Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Supplementary affidavit filed today by learned counsel for the petitioners, is taken on record.
2. Heard learned counsel for the petitioners as well as learned A.G.A. for the State/opposite parties and perused the record.
3. 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.
4. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage (Nikah) i.e. 22.01.2025 they were of marriageable age. The 'Nikahnama'/Marriage Certificate dated 22.01.2025 is annexed in this regard as Annexure-1 to the writ petition. Petitioners have annexed their Aadhar Card with regard to the proof of their age as Annexure No.2 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.
5. 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 two months.
6. 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.
7. 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.
8. Accordingly, the writ petition is disposed of. (Ajai Kumar Srivastava-I, J.) (Vivek Chaudhary, J.) Order Date :- 10.3.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench