SMT SARITA AND ANOTHER v. STATE OF UP AND 3 OTHERS
WRIC/7232/2025 · 2025-05-18
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28156 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28156 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:83890 Court No. - 74 Case :- WRIT - C No. - 7232 of 2025 Petitioner :- Smt Sarita And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Dhirendra Babu Mishra,Ravindra Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Srivastava,J.
1. Learned Additional Chief Standing Counsel for the State has handed over a copy of the instructions, the same is taken on record.
2. Heard learned counsel for petitioners and learned Additional Chief Standing Counsel for the State-respondents.
3. By way of the present writ petition, a direction in the nature of mandamus directing the respondents not to interfere in peaceful marital life of petitioners, has been sought.
4. Learned counsel for the petitioners submits that both the petitioners are major and have solemnized marriage with each other of their own freewill according to Hindu Rites and Custom on 03.03.2025 and they have also applied online on dated 04.03.2025 seeking registration of their marriage, and there is no objection from either of the family members of the petitioners. But at the time of closing arguments learned counsel for the petitioners submits that now they are being threatened and harassed by the police authorities concerned and for the same, petitioners moved a representation before Superintendent of Police/Senior Superintendent of Police, Kaushambi but no heed has been paid, hence this petition.
5. Per contra, learned Additional Chief Standing Counsel vehemently opposed the prayer sought through the instant petition.
6. After having the rival contentions raised by learned counsel for parties as well as perusal of the records, it is observed that there is no objection from either of the family members of the petitioners, but now they are being threatened and harassed by the police authorities concerned.
7. In view thereof, the present petition stands disposed of with liberty to the petitioners to approach the concerned police authorities by way of preferring specific application for lodging FIR against any illegal conduct carried out by the private respondent.
8. Superintendent of Police/Senior Superintendent of Police, Kaushambi shall ensure that petitioners will not be harassed by local police in connection with the marriage solemnized by them.
9. Learned Additional Chief Standing Counsel shall intimate this
order to Superintendent of Police/Senior Superintendent of Police, Kaushambi within a period of 48 hours.
Order Date :- 19.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad