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Allahabad High Court · body

2025 DAILYLAW 175272 (ALL)

SUSHMITA TRIPATHI AND ANOTHER v. STATE OF. U.P. THRU. PRIN. SECY. DEPTT. HOME CIVIL SECTT. LKO. AND 5 OTHERS

CRLP/10570/2025 · 2025-11-11

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10570 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 A.G.A. for the State- respondent Nos.1 to 3. 2. In view of the order proposed to be passed, notice to respondents No.4 to 6 is dispensed with. 3. Instant writ petition has been filed seeking a writ of mandamus directing the respondents No.4 to 6 not to harass the petitioners and their family members and also not to interfere in the peaceful matrimonial life of the petitioners. 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 24.12.2024 in Arya Samaj Mandir, Aliganj, Lucknow and thereafter registered their marriage before the Marriage Registration Officer at Sub- Registrar Office, Sadar Second, District Lucknow on 06.10.2025. A copy of the marriage certificate dated 06.10.2025 has been enclosed as Annexure-1 to this petition. In support of the petitioners being major, the petitioner No.1 has annexed her High School Certificate as Annexure- 2 to this petition and petitioner No.2 has annexed his Aadhar Card at page 54-A to the petition, from which it emerges that both the petitioners are major. It is contended that respondents No.4 to 6 are not happy with the marriage and as such they are creating hindrance in the peaceful married life of the petitioners. Learned counsel for the petitioners has further stated that no First Information Report has been registered against the petitioners in this regard. 5. In this regard, it would be apt to refer to the judgment of the Hon'ble Versus Counsel for Petitioner(s) : Pradeep Kumar Tripathi Counsel for Respondent(s) : G.A. Sushmita Tripathi And Another .....Petitioner(s) State Of. U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko. And 5 Others .....Respondent(s) Supreme Court in the case of Lata Singh Vs. State of U.P. and another- 2006 (5) SCC 475, wherein the Apex Court in para-17 has observed as under:- "17. .... This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut-off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. 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 woman 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." 6. 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. 7. 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. 8. 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. 9. 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 11, 2025 S. Shivhare CRLP No. 10570 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench