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2025 DAILYLAW 190980 (ALL)

SMT. SHABNOOR KHANAM @ SHRISTI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/34545/2025 · 2025-10-12

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34545 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State functionaries. 2. The petitioners have preferred this writ petition for a direction upon the respondents not to interfere in their married life and also for protection of their lives and liberty. 3. The petitioners claim that they are adults and living together out of their own freewill. It is stated that for the said reason, the private respondent and his other family members have got annoyed and there is serious danger to the lives of the petitioners as they are being threatened and harassed. 4. In support of their age, the petitioner no. 1 has brought on record her certificate-cum-marksheet of High School Examination, 2020 wherein the date of birth of the petitioner no. 1 is shown as 7.5.2006 and petitioner no. 2 has brought on record his marksheet of High School Examination, 2012 and Pan Card, wherein his date of birth is shown as 1.8.1995. Thus, it appears from the record that both the petitioners are major. They have performed their marriage as per Hindu Rites and Rituals on 26.5.2025 at Arya Samaj Mandir, Bareilly and have online applied for registration of marriage but their marriage has not been registered till today. It is further submitted by the learned counsel for the petitioners that in this matter girl is Muslim and boy is Hindu by religion and they have applied for conversion of religion. It is averred in the writ petition that till date no first information report has been lodged at any police station of Uttar Pradesh and the police has no right to adopt coercive process against the petitioners. 5. The petitioners have averred in the writ petition that they are living as wife and husband. It is stated that they have apprehension that private respondent can eliminate them for the honour of his family. In case this Court does not Versus Counsel for Petitioner(s) : Chandra Pal, Udayveer Singh Counsel for Respondent(s) : C.S.C. Smt. Shabnoor Khanam @ Shristi And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) grant them protection, their lives may be endangered. 6. Learned State counsel submits that the girl is Muslim and boy is Hindu by religion and they have performed their marriage thrice in different Arya Samaj Mandirs on different dates but there is no compliance of Section 8 & 9 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. 7. Learned counsel for the petitioners prays for and is granted 15 days' to move conversion application before the D.M. concerned as required under the provisions of Section 8 and 9 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 and obtain permission to the effect preferably within a period of two months under the provision of law. 8. Having regard to the facts and circumstances of the case, I am of the view that the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Superintendent of Police, Budaun, i.e. the second respondent, with a certified copy of this order, who shall provide immediate protection to the petitioners. 9. A liberty is granted to the private respondent that if the documents brought on the record are fabricated or forged, it will be open to him to file a recall application for recall of this order. 10. The petitioners undertake to get their marriage registered within a period of two months. If the petitioners could not get their marriage registered within the stipulated period herein above, the protection granted under this order shall stand automatically vacated. 11. It is made clear that this Court has not adjudicated upon the alleged marriage of the petitioners and this order in no way expresses opinion about the validity of their marriage. 12. However, this order would not come in way of investigation, if any, pending before the police authorities and the law will take its own course. 13. With the aforesaid observations, the writ petition is disposed of. October 13, 2025 Fhd WRIC No. 34545 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad