RAJ KUMARI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
/11186/2025 · 2025-12-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184913 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184913 (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. - 11186 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 commanding the opposite parties no. 1 to 3 not to harass the petitioners on behest of the opposite party no. 4 and to ensure protection of lives 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 27.10.2025 in Arya Samaj Temple, Shivpuri, Kamta, Chinhgat, Lucknow, copy of the marriage certificate has been enclosed as Annexure No.1 to this petition. In support of the petitioners being major, the petitioner no.1 has annexed photocopies of her High School Certificate-cum-Marks sheet as well as Aadhar Card while the petitioner no.2 has also annexed photocopies of the Aadhar Card as well as High School Certificate-cum- Marks sheet to this petition from which it emerges 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. 5. In this regard, it would be apt to refer 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 Versus Counsel for Petitioner(s) : Nevedita Gupta, Afreen Bano Counsel for Respondent(s) : G.A. Raj Kumari And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko.
And 3 Others .....Respondent(s)
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. (Mrs. Babita Rani,J.) (Abdul Moin,J.) December 15, 2025 AKK CRLP No. 11186 of 2025 2
Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench