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2025 DAILYLAW 73527 (ALL)

SMT SUMBUL JAHAN AND ANOTHER v. State of UP AND 3 OTHERS

WRIC/21544/2024 · 2025-03-16

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37753 Court No. - 74 Case :- WRIT - C No. - 21544 of 2024 Petitioner :- Smt Sumbul Jahan And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mohd. Akbar Shah Alam Khan 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. It is apparent from the pleadings itself that for registration of marriage, online application has been preferred at the behest of the petitioners on dated 27.06.2024 but in spite of expiry of 30 days from the date of application, it is fairly admitted by learned counsel for the petitioners that the marriage which has already been solemnized between the petitioners have not been registered till today. There is hardly any dispute with regard to the age of the petitioners. As per the date of birth mentioned in the Aadhaar Card, both the petitioners are major. No case of any criminal intimidation has ever been lodged or registered against the respondent no. 4 at the behest of the petitioners, although the petitioners are residing at Muzaffarnagar and respondent no. 4 is permanent resident of Saharanpur. 4. In view of the above, this Court does not find any serious threat perception to the petitioners and, therefore, there is no requirement of passing any order for providing police protection to them in light of judgment rendered by Hon'ble the Apex Court in the case of Lata Singh Vs. State of U.P. & Anr. (AIR 2006 SC 2522), wherein it has been held that the courts are not meant to provide protection to such youths, who have simply fled to marry according to their own wishes. 5. There is no material or reason for this Court to conclude that the petitioners' life and liberty are at peril. There is not even an iota of evidence to evince that private respondents (relatives of either of the petitioners) are likely to cause physical or mental assault to the petitioners. 6. In a deserving case, the Court can provide security to the couple, but cannot lend them the support they have sought. They have to learn to support each other and face the society. 7. If any person misbehaves or manhandles them, the Courts and police authorities are there to come to their rescue, but they cannot claim security as a matter of course or right. 8. In view thereof, this petition lacks merit and is hereby dismissed. 9. Needless to observe that petitioners have already moved a representation before the S.S.P., Saharanpur and in case the concerned police finds a real threat perception, he will do the needful in accordance with law. Order Date :- 17.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad