HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7415 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioners and learned AGA for the State- opposite parties no.1, 2 & 3. 2. In view of the order proposed to be passed, notice to opposite party no.4 is dispensed with. 3. This petition has been filed seeking a writ of mandamus directing the opposite parties to provide protection to the petitioners to enable them to live peaceful marital life. 4. The learned counsel for the petitioners has submitted that this is a case of inter-religion marriage. Both the petitioners are major. Petitioner no.1 is illiterate and as per Pariwar Register, her date of birth is 01.01.2005 and date of birth of petitioner no.2 is 01.01.2002 as per Aadhar Card, which have been enclosed collectively as Annexure No.2 to this petition. Further submission is that both the petitioners married each other on their own volition on 13.09.2025 in Durga Mandir Nanpra, District Bahraich as two coloured photographs of marriage have been enclosed as Annexure No.1 with this petition. It is contended that opposite party no.4 is not happy with the marriage and as such he is creating hindrance in the peaceful married life of the petitioners. Learned counsel has further stated that no First Information Report has been registered against the petitioners in this regard. 5. In Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475, the Versus Counsel for Petitioner(s) : Pawan Kumar Sharma Counsel for Respondent(s) : G.A. Najroon @ Sakroon And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others .....Respondent(s) 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. 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. 10. Learned counsel for the petitioners has stated that the petitioners are ready to get their marriage registered under the Special Marriage Act, 1954. 11. The petitioners shall apply for registration of their marriage before the marriage registration authority under the Special Marriage Act, 1954 within three weeks from today. Thereafter, the marriage registration authority under the Special Marriage Act shall do the needful, strictly in CRLP No. 7415 of 2025 2 accordance with law, with expedition. 12. It is made clear that if petitioner no.2 does not apply for registration of marriage under the Special Marriage Act within the time so stipulated, protection of this order would not be available to him. August 28, 2025 RBS/- CRLP No. 7415 of 2025 3 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench