ANITA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND OTHERS
CRLP/7406/2025 · 2025-08-28
Rajesh Singh Chauhan, S Q H Rizvi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 156968 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156968 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7406 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard Ms. Purnima Mishra, Advocate holding brief of Sri Vijay Kumar Tiwari, learned counsel for the petitioners and Sri Bhanu Pratap Singh, learned AGA for the State-opposite parties no.1 to 3. 2. In view of the order proposed to be passed, notice to opposite party nos. 4 & 5 is hereby dispensed with. 3. By means of this petition, petitioner has prayed for following reliefs:
"issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties not to harass and disturb the peaceful matrimonial life of the petitioners in the interest of justice."
4. The learned counsel for the petitioners has submitted that no FIR has been lodged against petitioner No.2 but under the pressure of family members of petitioner No.1, both the petitioners are being harassed unnecessarily. 5. Sri Bhanu Pratap Singh, learned AGA has informed on the basis of specific instructions that there is one entry at G.D. 34 about the missing information of petitioner No.1, lodged by the mother of petitioner No.1. 6. Both the petitioners are present in the Court. Petitioner No.1- Anita has informed the Court that she is a major girl has got married with petitioner No.2- Shivam on 25.07.2025. Since then they are living together happily as husband and wife. Petitioner No.2- Shivam has also stated that he has got married with petitioner No.1- Anila and both are living together happily as husband and wife. It is further contended that since the mother of petitioner No.1 is agreeable on such marriage, therefore, she is creating hindrance in Versus Counsel for Petitioner(s) : Vijay Kumar Tiwari Counsel for Respondent(s) : G.A. Anita And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Others .....Respondent(s)
the peaceful married life of the petitioners. 7. 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."
8. 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. 9. 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. 10. 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. 11. The petitioners shall get their marriage registered under the "Uttar Pradesh Marriages Registration Rules, 2017" within two months from today, failing which this order will automatically come to an end. 12. The Registrar of Marriages concerned is directed to process and issue the registration certificate to the petitioners as per law at the earliest. 13. 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.
August 28, 2025 Reena/- CRLP No. 7406 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench