SMT. POOJA @ PUJA KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/8243/2025 · 2025-09-15
Rajeev Singh, Rajnish Kumar
body2025
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[ 2025 DAILYLAW 162012 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162012 (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. - 8243 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J.
1. Heard Sri Uday Kumar, learned counsel for the petitioners and learned A.G.A. for the State. 2. In view of order proposed to be passed, notice to respondent no. 4 is dispensed with. 3. This writ petition has been filed seeking following main prayer :-
"(i) Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite parties not to harass the petitioners and not to disturb the peaceful and happy married life of the petitioners in any manner."
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 23.08.2025 as per Hindu rites at Arya Samaj Mandir, Shivpuri Kamta, Chinhat, Lucknow. Copy of their marriage certificate issued from the Arya Samaj Mandir is annexed as Annexure No.1 to the writ petition. In regard to their age, the petitioner No.1 and the petitioner No.2 have annexed copy of their High School Marksheet-cum-certificate as Annexure Nos.2 and 3 respectively to this 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) : Uday Kumar, Arvind Kumar Maurya Counsel for Respondent(s) : G.A. Smt. Pooja @ Puja Kumar And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s)
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 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 by the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475. Paragraph 17 of the judgment 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. September 15, 2025 Saurabh CRLP No. 8243 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench