SMT VAISHALI LAVANIA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/11170/2025 · 2025-04-15
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41891 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41891 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:56046 Court No. - 74 Case :- WRIT - C No. - 11170 of 2025 Petitioner :- Smt Vaishali Lavania And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rishabh Agrawal Counsel for Respondent :- C.S.C. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for petitioners and learned Standing Counsel for the State- respondents. 2. 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. 3. Learned counsel for the petitioners submits that the petitioners are major and have solemnized their marriage with each other of their own freewill according to Hindu Rites and Custom on 31.03.2025 and their marriage has also been registered on dated 02.04.2025 under the Uttar Pradesh Marriages Registration Rules, 2017 and for that they are being threatened and harassed by respondent no.4. Learned counsel for petitioners further submitted that in pursuance of the hindrances being created by respondent no.4, petitioners moved a representation before Superintendent of Police, Hathras but no heed has been paid, hence this petition. 4. Per contra, learned Standing Counsel vehemently opposed the prayer sought through the instant petition but did not dispute the aforesaid facts. 5. After having the rival contentions raised by learned counsel for both the parties and perusal of the material available on record, it appears that respondent no.4 is creating disturbance in peaceful life of petitioners and while dealing with a case of harassment by the parents of the boy and girl, who had entered into inter-caste marriage, Hon'ble the Supreme Court in the case of Lata Singh vs. State of UP [2006 Cr.L.J. 3312], has issued directions to the Administration/Police authorities throughout the country in the following terms:-
"This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage.
We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy
or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law." In Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396, Hon'ble the Supreme Court held in paragraph 28 and 29 as under:-
"28. ..... Often young couples who fall in love have to seek shelter in the police lines or protection homes, to avoid the wrath of kangaroo courts. We have held in Lata Singh case that there is nothing "honourable" in "honour" killings, and they are nothing but barbaric and brutal murders by bigoted persons with feudal minds. In our opinion honour killings, for whatever reason, come within the category of the rarest of rare cases deserving death punishment. It is time to stamp out these barbaric, feudal practices which are a slur on our nation. This is necessary as a deterrent for such outrageous, uncivilised behavior. All persons who are planning to perpetrate "honour" killings should know that the gallows await them. 29. Let a copy of this judgment be sent to the Registrars General/ Registrars of all the High Courts who shall circulate the same to all the Judges of the Courts. The Registrars General/ Registrars of the High Courts will also circulate copies of the same to all the Sessions Judges/ Additional Sessions Judges in the States/Union Territories. Copies of the judgment shall also be sent to all the Chief Secretaries/ Home Secretaries/ Directors General of Police of all States/ Union Territories in the country.
The Home Secretaries and Directors General of Police will circulate the same to all SSPs/SPs in the States/Union Territories for information."
6. In view of the above, the writ petition is finally disposed of with the direction 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 Superintendent of Police, Hathras with a certified copy of this order, who shall provide immediate protection to the petitioners for a period of six weeks from the date of production of a certified copy of this order. The extension of security/protection shall be dependent upon the situation analyzed by the concerned police authorities after expiry of the protection period granted above. 7. However, this order in no way expresses opinion about the validity of their marriage and genuineness of their marriage certificate and this order shall also not protect the petitioners against any action or proceedings pursuant to any F.I.R. or complaint case against him/her/them. 8. The instant matter has been decided on the specific facts involved therein. Order Date :- 16.4.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad