SMT. NEHA GAUTAM AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. LKO. AND OTHERS
CRLP/2097/2025 · 2025-03-12
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128184 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128184 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:15278-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2097 of 2025 Petitioner :- Smt. Neha Gautam And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Lko. And Others Counsel for Petitioner :- Prabhat Kumar Upadhyay,Arvind Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Power filed by Shri Sanjeev Kumar Shukla, Advocate on behalf of opposite party no. 4 is taken on record. 2. Supplementary affidavit filed by the petitioner today is also taken on record. 3. Heard learned counsel for the petitioners, learned A.G.A. for the State, counsel for opposite party no. 4 and perused the record. 4. By means of this writ petition, petitioners have prayed for issuance of mandamus commanding the opposite parties nos. 2 and 3 not to interfere in the marital life of the petitioners on the basis of application given by opposite party no. 4 in the interest of justice contained as annexure 4 to the writ petition. 5. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 03.03.2025 they were of marriageable age. The marriage certificate dated 03.03.2025 issued by the Vivahita Seva Samiti, Laxmanpuri Colony, Barabanki U.P. is annexed as Annexure-1 to the writ petition. Petitioner no.1 has annexed High School Marksheet as Annexure no.SA-1 with the supplementary affidavit filed today in this regard as proof of age. Petitioner no.2 has annexed high school certificate as Annexure no. 3 to the writ petition. He 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. 6. Learned counsel for petitioners also undertakes to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017 within a period of four weeks. 7. Counsel for the opposite party no.4 submits that opposite party no. 4 is not against their marriage and he proposed to get the marriage properly performed between the parties in the presence of family members. The statement is taken on record. 8.
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. 9. 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. 10. Accordingly, the writ petition is disposed of. Order Date :- 12.3.2025 Pks [Brij Raj Singh, J.] [Vivek Chaudhary,J.] Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench