SHIKHA GUPTA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME, CIVIL SECTT. LKO. AND OTHERS
CRLP/7869/2025 · 2025-08-29
Rajeev Singh, Rajnish Kumar
body2025
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[ 2025 DAILYLAW 160109 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160109 (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. - 7869 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J.
1. Heard Shri Aman Kumar Gupta, learned counsel for the petitioners and learned A.G.A. for the State. 2. In view of the order proposed to be passed, notice to respondent no.4 is dispensed with. 3. This writ petition has been filed by the petitioners with the following prayer :- i. Issue a writ, order or direction in the nature of mandamus, thereby commanding and directing the 'opposite parties no.2 and 3 to secure/protect the peaceful matrimonial life of petitioners, in the interest justice. ii. Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite party no.4 not to interfere and harass the petitioners peaceful matrimonial life, in the interest of justice. 4. It is stated by learned counsel for the petitioners that both the petitioners are major and have married with each other by their own free will on 03.08.2025 as per Hindu rites at Arya Samaj Mandir, Shivpuri, Kamta, Chinhat, Lucknow. In this regard, reliance has been placed on the marriage certificate as well as their age certificate, annexed as Annexure Nos.1, 2 and 3, respectively to the writ petition. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners till date. 5. However, opposite party no.4, being annoyed with their marriage, is creating hindrance in order to disturb their matrimonial life with the help of police authority of concerned police station. So, they have approached Versus Counsel for Petitioner(s) : Aman Kumar Gupta, Ramkripal Yadav Counsel for Respondent(s) : G.A. Shikha Gupta And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home, Civil Sectt. Lko. And Others .....Respondent(s)
this Court, for redressal of their grievances, by filing the present writ petition. 6. Learned counsel for the petitioners has relied upon the law laid down in paragraph 17 of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 which reads as under:-
"17.....
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 women 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."
7. 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. 8. The petition is, therefore, disposed of with a direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner. August 29, 2025 Raj CRLP No. 7869 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench