VISHAL TIWARI AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME CIVIL SECTT. LKO. AND OTHERS
CRLP/7798/2025 · 2025-09-18
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159680 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159680 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7798 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 to 5. 2. This writ petition has been filed seeking a writ of mandamus directing the opposite parties no.2 to 5 not to arrest or harass the petitioners and not to interfere in their peaceful marital life. 3. The learned counsel for the petitioners has submitted that the petitioners are major and have married each other on their own volition on 18.08.2025 in Arya Samaj Temple, Sector-H, Aliganj, Lucknow as photocopy of marriage certificate has been enclosed as Annexure No.2 with this petition. A photocopy of Certificate-cum-Marks Sheet of High School Examination, 2016 has been enclosed with this petition to substantiate that petitioner no.2 is major as her date of birth is 07.07.2001. Date of birth of petitioner no.1 is 10.02.2002 as per Certificate-cum- Marks Sheet of High School Examination, 2017 as photocopy of the same has also been enclosed with this petition. Coloured photographs of marriage of the petitioners have also been enclosed as Annexure No.3 with this petition. Learned counsel has further stated that no First Information Report has been registered against the petitioners in this regard. Learned counsel for the petitioners has further stated that marriage of the petitioners has already been registered under the Uttar Pradesh Versus Counsel for Petitioner(s) : Raghvendra Singh, Saumya Kaushik, Tushar Manjhwar Counsel for Respondent(s) : G.A. Vishal Tiwari And Another .....Petitioner(s) State Of U.P. Thru. Secy. Home Civil Sectt. Lko. And Others .....Respondent(s)
Marriages Registration Rules, 2017. 4. 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."
5. 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. 6. 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. 7. 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. September 18, 2025 RBS/- CRLP No. 7798 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench