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2025 DAILYLAW 156427 (ALL)

NARGIS KHATUN AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND OTHERS

CRLP/7106/2025 · 2025-09-24

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7106 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard. 2. This Court has passed the order dated 11.08.2025, which reads as under: "1. Heard Sri Ram Milan Yadav, learned counsel for the petitioners and Sri Vipul Kumar Singh, learned State-counsel for the State-opposite parties no.1 to 5. 2. Issue notice to opposite party no.6 returnable at an early date. 3. Steps within a week. Office to proceed accordingly. 4. By means of this petition, the petitioners have prayed following main relief:- "I. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.2 & 3 to direct to the opposite party no.4 & 5 to provide proper security to the petitioners and family members of petitioner no.2 and opposite party no.6 may also be directed not to interfere in any manner in the live-in-relationship of the petitioners, in the interest of justice." 5. Both the petitioners are present in person before the Court. They have stated that they are major and they are in affairs with each other since long time and they are willing get married at the earliest. Petitioner no.2-Nitin, who is serving in the U.P. Police on the post of Police Constable, has stated that he will apply for marriage under the Special Marriage Act within 15 days to marry with petitioner no.1. Both the petitioners have stated that they shall fulfill all requisite conditions in terms of Special Marriage Act. Both the petitioners have also stated that presently, they are living together. 6. Learned counsel for the petitioners has drawn attention of this Court towards para- Versus Counsel for Petitioner(s) : Ram Milan Yadav Counsel for Respondent(s) : G.A. Nargis Khatun And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others .....Respondent(s) 17 of the judgment of the Apex Court in re; Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475, which reads as under:- "17. .... This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut-off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. 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 woman 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." 7. The petitioners have also pleaded for protection under Article 21 of the Constitution of India which guarantees liberty to lead life of their own with dignity. 8. Let counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter. 9. List on 24th September, 2025. 10. On that date, both the petitioners shall again appear in person to apprise the Court as to whether they have got themselves registered under the Special Marriage Act and if by the next date of listing, their marriage is registered, certificate to that effect shall be produced before the Court. 11. Till the next date of listing, the opposite parties are directed not to interfere in peaceful life and liberty of the petitioners in any manner. " 3. In compliance of the aforesaid order, both the petitioners are present in person before the Court. The petitioners have shown a photocopy of marriage registration application submitted under Section 5 of Special Marriage Act, 1954, which shows that the petitioners have applied on 26.08.2025. 4. The copy of aforesaid application is taken on record. 5. Keeping in view of the aforesaid facts and circumstances, we do not find any purpose to keep this petition pending any longer accordingly, we hereby dispose of this petition finally at the admission stage. 6. The competent authority under the Special Marriage Act, may proceed CRLP No. 7106 of 2025 2 further strictly in accordance with law with expedition. 7. Since the petitioners are living together as husband and wife after their marriage, therefore, no one i.e. police authority or any private person can create any hindrance in their peaceful life and liberty. 8. In view of the above, the writ petition is disposed of finally. . (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) September 24, 2025 Reena/- CRLP No. 7106 of 2025 3 Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench