SMT. SHAKURNNISHA AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/7232/2025 · 2025-08-12
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156944 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156944 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47095-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7232 of 2025 Petitioner :- Smt. Shakurnnisha And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Farhan Ahmad Khan,Ramish Ahmad Baig,Saad Mohd Aslam,Swadha Kumari Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Ramish Ahmad, learned counsel for the petitioners and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State- Respondents and perused the records. 2. This writ petition has been filed seeking the following relief(s):
"(i) issue a writ order or direction in the nature of Mandamus commanding the opposite party nos. 2 and 3 to provide proper security and protection. (ii) issue a writ order or direction in the nature of interim Mandamus commanding the In-Laws not to interfere in the married life of the petitioners and not to harass the petitioners further."
3. The learned counsel for the petitioners has submitted that the petitioner No. 1 is a widow lady having four children and she has got married with the petitioner No. 2 as per Muslim rites and rituals and their Nikah ceremony took place on 15.05.2024 at Ahmedabad as the Nikahnama has been enclosed as Annexure No.2 with this petition. It is contended that the family members of the petitioners are not happy with the marriage and as such they are creating hindrance in the peaceful marital life of the petitioners and harassing them without any cogent reasons. Learned counsel has further stated that no First Information Report has been registered against the petitioners in this regard. 4. Learned counsel for the petitioners has stated that both the petitioners are ready to get their marriage registered before the Marriage Registering Authority at the earliest. 5. In Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475, the Apex Court in para-17 has observed 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."
6. 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. 7. Therefore, this writ petition is disposed of with direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner. 8. It is made clear that if any F.I.R. is already registered on the issue, the order passed by this Court shall automatically stand discharged. 9. The petitioners shall get their marriage registered under the
"Uttar Pradesh Marriages Registration Rules, 2017" within two months from today, fulfilling all the required formalities, failing which this order will automatically come to an end. 10. The Registrar of Marriages concerned is directed to process and issue the registration certificate to the petitioners as per law at the earliest. 11. It is, however, made clear that this Court has not entered into nor adjudicated the veracity/validity of the alleged marriage.
Order Date :- 12.8.2025 (Manoj K.) (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench