NEHA SAHANI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
CRLP/10726/2025 · 2025-11-14
Abdul Moin, Babita Rani
body2025
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[ 2025 DAILYLAW 174316 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 174316 (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. - 10726 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioners and learned AGA for the State-opposite parties no.1, 2 & 3. 2. In view of the order proposed to be passed, notice to opposite party no.4 is dispensed with. 3. Instant writ petition has been filed seeking a writ of mandamus directing the opposite parties not to harass the petitioners and to provide protection to them. 4. The contention of learned counsel for the petitioners is that both the petitioners are major and they have married each other on their own volition on 03.11.2025 yet no proof of marriage has been annexed. 5. In support of the petitioners being major, the petitioners have annexed their High School mark sheets from which it emerge that both the petitioners are major. It is contended that opposite party no.4 is not happy with the marriage and as such he is creating hindrance in the peaceful married life of the petitioners. Learned counsel has further stated that no First Information Report has been registered against the petitioners in this regard. 6. On the other hand, learned AGA has raised an objection to the marriage of the petitioners. Versus Counsel for Petitioner(s) : Rohitash Kumar Singh Counsel for Respondent(s) : G.A. Neha Sahani And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Respondent(s)
7. The Court is not required to go into the validity of marriage. 8. In this regard, it would be apt to refer the judgment of Hon'ble Supreme Court in the case of Nandkumar & Anr vs State of Kerala & Ors : (2018) 16 SCC 602, wherein the Apex Court has observed as under:-
"10. .... For our purposes, it is sufficient to note that both Appellant 1 and Thushara are major. Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock. It would not be out of place to mention that live-in relationship is now recognised by the legislature itself which has found its place under the provisions of the Protection of Women from Domestic Violence Act, 2005."
9.
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. 10. Considering the aforesaid, the writ petition is disposed of with a direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner. 11. It is made clear that if any F.I.R. is already registered on the issue, the order passed by this Court shall automatically stand discharged. 12. 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. November 14, 2025 A. Katiyar CRLP No. 10726 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench