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2025 DAILYLAW 83964 (ALL)

SMT RUBINA BI AND ANOTHER v. State of U.P. AND 3 OTHERS

WRIC/25569/2024 · 2025-01-06

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:3337 Court No. - 76 Case :- WRIT - C No. - 25569 of 2024 Petitioner :- Smt Rubina Bi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aqueeq Ahmad,Meraj Ahmad Khan Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, Shri Yogesh Kumar, learned Standing Counsel for the State-respondents, and perused the record. 2. The instant petition has been preferred by the petitioners seeking direction to the police/respondents to take appropriate measures to protect the petitioners' lives and property. The petitioners claim to have married on 16.07.2024 in Mohalla Pakadiya Village Padarathpur, District Bareilly, in presence of Shri Ikrar Khan and Shri Aftab Khan. The marriage was performed by Qazi. 3. The learned counsel for the petitioners submits that both petitioners are major and married according to Muslim law. He further states that the petitioners have married against the wishes of their parents, and therefore, face serious threats to their lives and property from their respective parents. 4. Under these circumstances, this Court directs the Senior Superintendent of Police, Bareilly, to assess the threat to the petitioners' lives and property from their respective parents and relatives, and take appropriate legal measures to ensure the petitioners' protection upon their request and submission of a copy of this order. Otherwise, Article 21 of the Constitution of India also mandates that no person shall be deprived of his life or personal liberty except according to the procedure established by law. 5. It is clarified that this Court has not adjudicated the validity of the alleged marriage or any other related issues. The police have the liberty to verify the Aadhar Card, Certificate-cum-Marksheet issued by the Educational Board, Nikahnama issued by Qazi, contents of affidavits, documents proving the petitioners' ages, or any other documents to test the petitioners' bona fides. 6. However, if it is found that any false information has been provided in this writ petition to mislead the Court or any incorrect/false information has been mentioned in the protection request application to the police, the respondents/police are at liberty to take appropriate legal action against the petitioners in accordance with the law. 7. The details of the petitioners mentioned in the memo of parties to the instant writ petition are outlined herein below for ready reference and record of police: "1. Smt. Rubina Bi wife of Shoaib Khan, D/o Akil Ahmad. 2. Shoaib Khan son of Aftab Khan. Both resident of Mohalla Pakadiya Village Padarathpur, Bareilly, District Bareilly." 8. With the aforesaid observations, the instant petition stands disposed of. Order Date :- 7.1.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad