HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32445 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 major and have performed marriage 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 danger to the lives of the petitioners as they are being threatened and harassed. 4. In support of their age, the petitioners have brought on record the aadhar card according to which the date of birth of the petitioner no.1 is 12.05.2004 and petitioner no. 2 is 11.7.2001 which reflects that they are major persons. They have performed their marriage in the Arya Samaj, Prayagraj which is a registered body and now they are living together happily as husband and wife. 5. Instructions in this matter have been received by the learned Standing Counsel and he has submitted that a written report has been given by the father of the petitioner no.1 wherein it has been endorsed that he has no objection to the marriage of the petitioners and may they be happy wherever they live. 6. In view of the order proposed to be passed, there is no need to issue notice Versus Counsel for Petitioner(s) : Javed Khan, Parvez Khan Counsel for Respondent(s) : C.S.C. Samiksha And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) to private respondent. With the consent of learned counsel appearing for the parties, this writ petition is being disposed of finally at this stage in terms of the Rules of the Court. 7. Although aadhar card is not an authenticated document to prove the date of birth of the concerned person but since the family of petitioner no.1 has no objection to the marriage of both the petitioners, they may be taken as major persons. 8. The Supreme Court in a long line of decisions has settled the law that where a boy and a girl are major and they are living with their free will, then, nobody including their parents, has authority to interfere with their living together. Reference may be made to the judgements of the Supreme Court in the cases of Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234; Lata Singh v. State of U.P. and another, (2006) 5 SCC 475; and, Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396, which have consistently been followed by the Supreme Court and this Court, as well as of this Court in Deepika and another v. State of U.P. and others, 2013 (9) ADJ 534. The Supreme Court in Gian Devi (supra) has held as under: "7. ... Whatever may be the date of birth of the petitioner, the fact remains that she is at present more than 18 years of age. As the petitioner is sui juris no fetters can be placed upon her choice of the person with whom she is to stay, nor can any restriction be imposed regarding the place where she should stay. The court or the relatives of the petitioner can also not substitute their opinion or preference for that of the petitioner in such a matter." 9. 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 Senior Superintendent of Police, Moradabad i.e. the second respondent, with a certified copy of this order, who shall provide immediate protection to the petitioners. 10. 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. WRIC No. 32445 of 2025 2 11. 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. 12. 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. 13. 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. 14. With the aforesaid observations, the writ petition is disposed of. October 14, 2025 ss WRIC No. 32445 of 2025 3 (Nalin Kumar Srivastava,J.) Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad