ANSHIKA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/7458/2025 · 2025-08-27
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158029 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158029 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7458 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 A.G.A. for the State- Respondents. 2. In view of the order proposed to be passed, notice to respondent No.4 is hereby dispensed with. 3. This writ petition has been filed seeking a writ of mandamus directing the opposite parties not to interfere in the peaceful marital life of the petitioners and to provide protection to them. 4. The learned counsel for the petitioners has submitted that the petitioners are major and have married each other on their own volition on 07.08.2025 in Arya Samaj, Shivpuri, Kamta, Chinhat, Lucknow. A certificate issued to this effect has been enclosed as Annexure No.1 with this petition. A copy of School Leaving Certificate after passing Class VIII has been enclosed as Annexure No. 2 with this petition to substantiate that petitioner No.1 is major as her date of birth is 12.03.2005. The copy(s) of Aadhar Card and PAN Card is also annexed as Annexure No. 3 to this writ petition, as per which the date of birth of the petitioner No. 2 is 22.04.2001. 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 Hon’ble Supreme Court in para-17 has observed as under:- Versus Counsel for Petitioner(s) : Sanjay Kumar Verma, Shikhar Vohra Counsel for Respondent(s) : G.A. Anshika And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s)
"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, 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. However, it is made clear that this Court has not entered into nor adjudicated the age of the petitioners nor veracity/validity of the alleged marriage. August 27, 2025 (Manoj K.)
CRLP No. 7458 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench