SMT. KANCHAN BANO @ KANCHAN PURSHOTTAM GUPTA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/5515/2025 · 2025-06-25
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147710 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147710 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:36360-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5515 of 2025 Petitioner :- Smt. Kanchan Bano @ Kanchan Purshottam Gupta And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Sandeep Singh Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioners and the learned AGA for the State-respondents.
2. The present petition has been filed seeking a writ of mandamus commanding the respondents no.1, 2 and 3 to take effective action for the safety of the petitioners.
3. It is submitted by learned counsel for the petitioners that the petitioner no.1 belongs to Hindu religion whereas petitioner no.2 belongs to Muslim religion and they have performed marriage out of their sweet will. Necessary documents of age proof as well as performance of marriage have been annexed with the writ petition.
4. Learned AGA submits that procedure for conversion has not been followed.
5. Be that as it may, since marriage has been performed, the provisions of Special Marriage Act are applicable.
6. Accordingly, the writ petition is disposed of directing the respondents no. 1, 2 and 3 not to cause any interference in the peaceful matrimonial life of the petitioners.
7. Learned counsel for the petitioners, however, undertakes that both the petitioners shall get their marriage registered under the
provisions of Special Marriage Act within a period of three months from today. Order Date :- 25.6.2025 AKShukla/- (Kshitij Shailendra, J) (Pankaj Bhatia, J) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench