KAJAL KUMARI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/12044/2025 · 2025-12-19
Babita Rani, Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187174 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187174 (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. - 12044 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard Sri Avadhesh Kumar Jayswal, learned counsel for the petitioners and learned A.G.A. for the State. 2. In view of order proposed to be passed, notice to respondent no. 4 is dispensed with. 3. This petition seeks issuance of direction in the nature of mandamus directing the opposite parties not to harass the petitioners in any manner and protect the matrimonial life of the petitioner. 4. It is stated by learned counsel for the petitioners that both the petitioners are major and they have married with each other by their own free will on 10.12.2025 as per Hindu rites at Arya Samaj Mandir, Shivpuri Kamta, Chinhat, Lucknow. Copy of their marriage certificate issued from the Arya Samaj Mandir is annexed as Annexure No.1 to the writ petition. In regard to their age, the petitioner No.1 has annexed copy of her educational certificate issued by National Institute of Open Schooling whereas petitioner No.2 has annexed copy of his Certificate of secondary school examination, 2021 as Annexure Nos.2 &3 to the writ petition respectively. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners till date. Learned counsel for the petitioners further submits that petitioners are in the process of getting their marriage registered and shall get it done at the earliest. However, opposite party no.4, being annoyed with their Versus Counsel for Petitioner(s) : Vasuvrat, Avadhesh Kumar Jayswal, Sanjay Kumar Verma Counsel for Respondent(s) : G.A. Kajal Kumari And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s)
marriage, is creating hindrance in order to disturb their matrimonial life with the help of police authority of concerned police station. So, they have approached this Court, for redressal of their grievances, by filing the present writ petition. 5. Learned counsel for the petitioners has relied upon the law laid down by the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475. Paragraph 17 of the judgment reads as under:-
"17.....
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 women 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. The petition is, therefore, disposed of with a direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner. December 19, 2025 Reena/- CRLP No. 12044 of 2025 2 (Mrs. Babita Rani,J.) (Rajnish Kumar,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench