SMT. KAJAL KUMARI AND ANOTHER v. STATE OF U.P. THRU. ADDL. SECY. HOME LKO. AND 4 OTHERS
CRLP/5025/2025 · 2025-06-11
S Q H Rizvi, Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145073 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145073 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35465-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5025 of 2025 Petitioner :- Smt. Kajal Kumari And Another Respondent :- State Of U.P. Thru. Addl. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Parashu Ram Kanaujia,Ajeet Kumar Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Shri Abhay Mani, Advocate holding brief of Shri Parashu Ram Kanaujia, learned counsel for the petitioners, learned A.G.A. for the State-respondents and perused the record. 2. Present petition has been filed for the following main relief(s):-
"(i). Issue a writ, order or direction in the nature of mandamus to commanding the opposite parties concerned not to harass the petitioners in any manner. (ii). Issue a writ, order or direction in the nature of mandamus to commanding the opposite parties concerned to protect the matrimonial life of the petitioners. 3. It has been alleged that both of the petitioners are major and have married with each other by their own free will on 28.05.2025 at Arya Samaj Shivpuri Kamta, Chinhat, Lucknow. In this regard, reliance has been placed on the certificate of registration of marriage, under the Uttar Pradesh Marriage Registration Rules, 2017, annexed as Annexure No. 2 as well as their age certificate, annexed as Annexure No. 4 to the writ petition. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioner no.2 till date. 4. However, opposite party no.5, being annoyed of their marriage, is creating hindrance in order to disturb their matrimonial life with the help of police authority of concerned police station. 5. Learned counsel for the petitioners has relied upon the law laid down in by Hon'ble Apex Court in paragraph 17 of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475, which
reads as under:-
"17.....
We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a women or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."
6. The petition is, therefore, disposed of with a direction to the respondents not to interfere in peaceful life and liberty of the petitioners in any manner, if petitioners are not wanted in any other case. 7. It is made clear that if any F.I.R. is already registered on the issue, the order passed by this Court shall automatically stands discharged. This order is subject to any action or proceeding initiated against the petitioners as per law. 8. It is also made clear that this Court has not examined/adjudicated the validity of marriage and age of the petitioners. Order Date :- 11.6.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench