SMT. SHIVANI KASHYAP AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/1983/2025 · 2025-03-07
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127478 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127478 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14028-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1983 of 2025 Petitioner :- Smt. Shivani Kashyap And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Surendra Kumar Mishra,Pramendra Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
2. By means of this writ petition, petitioners have prayed for issuance of mandamus commanding the opposite parties not to harass the petitioners and interfere in their peaceful married life.
3. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 04.02.2025, they were of marriageable age. The marriage certificate dated 04.02.2025 issued by the Arya Samaj Sector-H (Harsh Vihar Purania) Aliganj, Lucknow is annexed as Annexure-2 to the writ petition. Petitioner No.1 and 2 have annexed their High School Certificate and Aadhar Card, respectively with regard to the proof of their age as Annexure no.1 to the writ petition. Learned counsel for petitioners further submits 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.
4. 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.
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 :- 7.3.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench