RAJVEER KAUR AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. AND OTHERS
CRLP/11714/2025 · 2025-12-11
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183169 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183169 (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. - 11714 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard Shri Shubham Chaurasia, 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 respondent No.4 is dispensed with. 3. Instant writ petition has been filed seeking a writ of mandamus directing the respondents No.2 & 3 to protect the life and liberty of the petitioners and their family members and not to harass or take any action against them in pursuance to the false complaint. 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 and got their marriage registered before the Marriage Registrar Officer, Nighasan, Distt. Lakhimpur Kheri. A copy of the marriage certificate has been enclosed as Annexure-3 to this petition. In support of the petitioners being major, the petitioner Nos.1 & 2 have annexed their High School Certificate as part of Annexure- 1 to this petition, from which it emerges that both the petitioners are major. Further the petitioners, in the writ petition duly supported by an affidavit, have indicated that both the petitioners are major. It is contended that respondent 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 for the petitioners has further stated that no First Information Report has been registered against the petitioners in this regard. Versus Counsel for Petitioner(s) : Shubham Chaurasiya, Himanshu Nag Counsel for Respondent(s) : G.A. Rajveer Kaur And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home U.P. And Others .....Respondent(s)
5. In this regard, it would be apt to refer to the judgment of the Hon'ble 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. December 11, 2025 S. Shivhare CRLP No. 11714 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench