ALKA RAJ AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/8044/2025 · 2025-09-03
Rajeev Singh, Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160780 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160780 (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. - 8044 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J. Heard, Shri Ram Kripal Mishra, learned counsel for the petitioners and learned A.G.A. for the opposite party nos.1 to 3. Since the point involved in the present writ petition is trivial in nature, so with the consent of parties counsel, who are present today, writ petition is being decided at the admission stage. In view of the order proposed to be passed issuance of notice to opposite party nos.4 is dispensed with. This petition has been filed for a writ of mandamus thereby commanding the opposite parties not to interfere in the peaceful marital life of the petitioners, whereas, the petitioners have solemnized their marriage at their free sweet will, being major in age. 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 and volition on 20.8.2025 as per Hindu rites and rituals at Arya Samaj Temple, Sector-H, (Harsh Bihar Puraniya), Aliganj, Chinhut, Lucknow. In this regard, reliance has been placed on the High School Certificates regarding age as well as their marriage 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. Versus Counsel for Petitioner(s) : Ram Kripal Mishra Counsel for Respondent(s) : G.A. Alka Raj And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s)
However, opposite party no. 4, being annoyed with their marriage, is creating hindrance in order to disturb their matrimonial life. So, they have approached this Court, for redressal of their grievances, by filing the present writ petition. 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." 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. 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. September 3, 2025 Banswar CRLP No. 8044 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench