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2025 DAILYLAW 184472 (ALL)

KAMINI DEVI @ KAMINI GUPTA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/11410/2025 · 2025-12-05

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11410 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 respondent No.4 is dispensed with. 3. Instant writ petition has been filed seeking a writ of mandamus directing the respondents not to harass the petitioners in any manner and to protect the 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 25.11.2025 in Arya Samaj Mandir Shivpuri, Kamta, Chinhat, Lucknow. A copy of the marriage certificate has been enclosed as Annexure-1 to this petition. In support of the petitioners being major, the petitioner Nos.1 & 2 have annexed their High School Certificate as Annexures- 2 & 3 to this petition respectively, 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) : Ajay Kumar Counsel for Respondent(s) : G.A. Kamini Devi @ Kamini Gupta And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. 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. Learned A.G.A. on the basis of instructions sent by Sri Manoj Kumar Singh, Sub-Inspector, Police Station Harraiya, District Balrampur, states that no FIR has been lodged against the petitioners. 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. 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. 9. 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. 10. 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. 11. The petitioners shall get their marriage registered under the "Uttar CRLP No. 11410 of 2025 2 Pradesh Marriages Registration Rules, 2017" within two months from today. 12. The Registrar of Marriages concerned is directed to process and issue the registration certificate to the petitioners, strictly in accordance with law, at the earliest. December 5, 2025 Renu/- CRLP No. 11410 of 2025 3 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench