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2025 DAILYLAW 33783 (ALL)

SMT. DIKSHA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/8950/2025 · 2025-10-05

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 8950 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Ashutosh Kumar Mishra, learned counsel for petitioners, Sri Ashwani Kumar Tripathi, learned Additional Chief Standing Counsel for State and Smt. Purnima, learned counsel appearing for respondent no. 4. 2. Present petition has been preferred with prayer to issue direction in the nature of mandamus and direct Superintendent of Police, Aligarh not to unnecessarily harass petitioners. Prayer has also been made to direct the respondents not to interfere in peaceful life of the petitioners in pursuance of their marriage certificate dated 7.3.2025. 3. Learned counsel for the petitioners submitted that having age of majority, petitioner no. 1 has been married with petitioner no. 2 with proper rituals and as per the consent of the father of the petitioner no. 1 but respondent no. 4 (mother of petitioner no. 1) is having some objection and she is writing several applications to the police authorities upon which the married couple in shape of petitioner nos. 1 and 2 are being harassed for no cause of action. 4. Smt. Purnima, learned counsel appearing for respondent no. 4 submitted that petitioner no. 1 was of 15 years when she got married and the same was not as per her consent since her daughter had not attained the marriageable age at the time of performing marriage with petitioner no. 2. 5. These arguments have already been taken place on the earlier occasion also which culminated into passing several directions from time to time when the matter has been taken up by this Court to concerned learned Chief Judicial Magistrate and as per the order dated 18.9.2025, specific direction was issued in favour of learned Chief Judicial Magistrate to make suitable arrangement for conducting ossification test of the petitioner no. 1. In compliance to the earlier direction ossification test report has been received through which it is crystal clear that at present, petitioner no. 1 is having age Versus Counsel for Petitioner(s) : Ashutosh Kumar Mishra Counsel for Respondent(s) : C.S.C., Purnima Smt. Diksha And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) between 18 to 19 years and as such the arguments so raised by learned counsel appearing for respondent no. 4 is not liable to be entertained. So far as regarding the history of respondent no. 4 is concerned which has been received through proper investigation conducted by concerned police authorities and who submitted report before learned Chief Judicial Magistrate, Aligarh it has been transpired that respondent no. 4 is not residing at her address and she already left her in-laws along with husband and residing with some another person without adopting proper course of law. 6. After considering certain reports received through learned Chief Judicial Magistrate and investigation conducted by concerned police authority, it transpires that respondent no. 4 is nowhere in picture to raise any objection over the marriage which has been solemnized by petitioner no. 1 and 2 since the same has been organized marriage by the parents of petitioner no. 1 that too after attaining the age of majority as per ossification report. 7. In view of aforementioned facts and circumstances, respondent no. 4 is hereby restrained to interfere in any manner whatsoever in the peaceful life of a married couple in shape of petitioner nos. 1 and 2. 8. Local police authorities are hereby directed to respond within shortest span of time, if any action is initiated by respondent no. 4 which might be in shape of disturbing the peaceful life of petitioners. 9. Let copy of this order be communicated to Senior Superintendent of Police, Aligarh through learned Additional Chief Standing Counsel within three days. 10. The instant petition stands allowed accordingly. 11. So far as regarding compliance of the orders are concerned, once the Hon’ble Administrative Judge, Aligarh has already showed his satisfaction, nothing is required thereafter. 12. Registrar (Compliance) is directed to ensure service of this order upon Senior Superintendent of Police, Aligarh and copy of the same order be also placed before Hon’ble Administrative Judge, Aligarh for his Lordship's kind perusal. October 6, 2025 Shaswat WRIC No. 8950 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad