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2025 DAILYLAW 159588 (ALL)

GOLDI v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS

CRLP/7791/2025 · 2025-09-18

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. - 7791 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Alok Kumar Singh, learned counsel for the petitioners, Sri G.D. Bhatt, learned State Counsel appearing for the State/opposite parties and perused the record. 2. In view of the proposed order notice to opposite party no. 4 is dispensed with. 3. By means of this writ petition, petitioners have prayed for issuance of mandamus commanding the opposite parties not to take any action against the petitioners and provide them protection. 4. The contention of the learned counsel for the petitioners is that both the petitioners no.1 and 2 are major and they are living together. He has invited our attention to the 'Birth Certificate' of the petitioner no.1 which is annexed as Annexure No. 1 to the writ petition in which her date of birth is shown as 1.1.2005 and as per Adhar Card (Annexure No. 2), date of petitioner no. 2 is 27.8.2000. As the petitioners are living together against the wishes of the family members, therefore, it is alleged that the Police is harassing them at their instance. 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:- Versus Counsel for Petitioner(s) : Alok Kumar Singh Counsel for Respondent(s) : G.A. Goldi .....Petitioner(s) State Of U.P. Thru. Secy. Home Lko. And 3 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 the direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners. 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 petitioners states that they have prepared an application under "Uttar Pradesh Marriages Registration Rules, 2017" for registration of their marriage. 11. In view thereof, petitioners shall appear again before the marriage registration authority within a month under the "Uttar Pradesh Marriages Registration Rules, 2017" alongwith their documents for registration of CRLP No. 7791 of 2025 2 their marriage. The marriage registration authority shall entertain the application of petitioners under the aforesaid Act within a period of one week from the date of filing of the application before him / her and dispose of the same strictly in accordance with law, expeditiously. September 18, 2025 Om CRLP No. 7791 of 2025 3 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench