Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 170715 (ALL)

AFSAR JAHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

CRLP/9955/2024 · 2025-01-03

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:410-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9955 of 2024 Petitioner :- Afsar Jahan And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Petitioner :- Shaista Parveen Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. Supplementary Affidavit filed today is taken on record. Heard learned counsel for the petitioners and the learned A.G.A. and perused the record. By means of this writ petition the petitioners prayed for issuance of mandamus commanding the opposite parties not to harass the petitioners and interfere in the peaceful married life. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 04.11.2024, they were of marriageable age. The petitioners have a copy of the Nikahnaama as Annexure No.1 to the writ petition and they have also annexed their Aadhar Cards. He further says that there is no F.I.R. against the petitioners and they are not wanted in any criminal case yet the police is harassing them at the behest of family members who are not agreeable to the marriage. Therefore, this petition has been filed seeking a writ of mandamus directing the opposite parties not to interfere in peaceful married life of the petitioners. Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the Special Marriages Act, within a period of four weeks. In view of the above, it is provided that if the petitioners have married each other and are living together, were of marriageable age on the date of their marriage and they are not wanted in any criminal case then the police shall not unnecessarily interfere in their peaceful married life. 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. Accordingly, the writ petition is disposed of. (Om Prakash Shukla,J.) (Vivek Chaudhary,J.) Order Date :- 3.1.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench