Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 185866 (ALL)

SMT. PRIYANSHU AND ANOTHER v. STATE OF U.P THRU. SECY. HOME LKO. AND OTHERS

CRLP/10494/2025 · 2025-11-10

Abdul Moin, Babita Rani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10494 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 to 4. 2. Instant writ petition has been filed seeking a writ of mandamus directing the opposite parties not to interfere in the peaceful marital life of the petitioners, not to harass the family members and to provide protection to them. 3. 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 28.10.2025 in Arya Samaj Shivpuri, Kamta, Chinhat, Lucknow. A copy of the marriage certificate has been enclosed as Annexure No.2 to this petition. In support of the petitioners being major, the petitioner no.1 has annexed her birth Aadhar Card and the date of birth as indicated in the Adhar Card certificate is 01.01.2007 while the petitioner no.2 has also filed copy of the Aadhar Card and the date of birth as indicated in the Aadhar Card is 01.01.1998, copies of which have cumulatively been filed as annexure no. 1 to the petition from which it emerges that both the petitioners are major. Learned counsel has further stated that no First Information Report has been registered against the petitioners in this regard. 4. However, Learned AGA points out that a missing person report has Versus Counsel for Petitioner(s) : Anand Kumar Yadav, Prabhat Singh, Suyash Dwivedi Counsel for Respondent(s) : G.A. Smt. Priyanshu And Another .....Petitioner(s) State Of U.P Thru. Secy. Home Lko. And Others .....Respondent(s) been lodged at Police Station-Visheshwarganj District- Bahraich on 15.10.2025. 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. As regards, the missing person report, the petitioner no. 1 would go to the olice Station-Visheshwarganj District- Bahraich on 14.11.2025 for recording of her statement. 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. CRLP No. 10494 of 2025 2 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 Pradesh Marriages Registration Rules, 2017" within two months from today. November 10, 2025 Pachhere/- CRLP No. 10494 of 2025 3 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench