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2025 DAILYLAW 202582 (ALL)

NASIBUN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/9053/2025 · 2025-10-28

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9053 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 appearing for the respondents 1 to 3. 2. In view of the proposed order, notice to respondent no.4 and 5 is dispensed with. 3. Instant writ petition has been filed seeking a writ of mandamus directing the opposite parties not to harass petitioners by interfering in their happy married life. 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 06.07.2025 as per Muslim rites and rituals. A copy of the marriage certificate/Nikahnama has been enclosed as Annexure No.1 to this petition. In support of the petitioners being major, the petitioner No.1 has annexed her Aadhar card in which her date of birth is shown as 01.01.1993 while the petitioner no.2 has filed copy of the Aadhar card in which his date of birth is shown as 01.01.1990 from which it emerges that both the petitioners are adult and now married and residing together. Learned counsel has further stated that no First Information Report has been registered against the petitioners in this regard. Versus Counsel for Petitioner(s) : Surya Prakash Counsel for Respondent(s) : G.A. Nasibun And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) 5. Learned A.G.A. on the basis of instructions states that a missing complaint has been lodged by respondent no.4 Sri Ahmad, ex-husband of petitioner no.1 and on the basis of the same, the police is investigating the matter. 6. It is needless to mention that once the petitioners are adults and are residing together there can not be any occasion to interfere in their life unnecessarily. However, private respondent would always be at liberty to proceed in accordance with law. 7. Accordingly, the writ petition is disposed of restraining respondents from interfering in the lives of petitioners who are adults unnecessarily without any sanction of law. However, authorities would continue to investigate the missing complaint lodged. For the purposes of recording of statement, petitioner no.1 shall appear before the respondent no.3- Station House Officer, Police Station-Sirsiya, District-Shravasti on 10.11.2025, on which date her statement would be recorded. October 28, 2025 Arti/- CRLP No. 9053 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench