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2025 DAILYLAW 127833 (ALL)

DAMNI DEVI @ DAMNI DEVI SHYAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND OTHERS

CRLP/2027/2025 · 2025-03-10

Ajai Kumar Srivastava I, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14619-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2027 of 2025 Petitioner :- Damni Devi @ Damni Devi Shyam And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Dheerendra Kr. Agnihotri Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Ajai Kumar Srivastava-I,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 party nos.1 to 3 not to harass the petitioners on the behest of opposite party no.4. 3. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 04.03.2025 they were of marriageable age. The marriage certificate dated 04.03.2025 issued by the Arya Samaj Shivpuri Kamta, Chinhat, Lucknow is annexed as Annexure-1 to the writ petition. Petitioners have annexed a copy of High School Certificate-cum- Marks-sheet as Annexure no.3 and 4 to the writ petition 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. 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. (Ajai Kumar Srivastava-I, J.) (Vivek Chaudhary, J.) Order Date :- 10.3.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench