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2025 DAILYLAW 87249 (ALL)

TANIYA AND ANOTHER v. State of UP AND 3 OTHERS

WRIC/26886/2024 · 2025-01-21

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10294 Court No. - 76 Case :- WRIT - C No. - 26886 of 2024 Petitioner :- Taniya And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ravi Pandey Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, Shri Arvind Kumar Singh, 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 30.07.2024 in the office of Kazi Mohammad Faisal, Aligarh, in presence of Shri Pappu Khan and Mohammad Sharik. The marriage was performed by Qazi Mohammad Faisal, Aligarh. 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, Aligarh, 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. Taniya wife of Faizan Shakeel, D/o Zahir. 2. Faizan Shakeel son of Mohammad Shakeel. Both resident of 765, Sarai Rehman, G.T. Road, Tyre Wali Gali, Koil, District Aligarh." 8. With the aforesaid observations, the instant petition stands disposed of. Order Date :- 21.1.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad