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2026 DAILYLAW 5621 (ALL)

PRIYANKA AND ANOTHER v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIC/20710/2026 · 2026-09-07

Gautam Chowdhary

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 20710 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and perused the material on record. 2. By means of the present writ petition, the petitioners have prayed for a writ in the nature of mandamus directing the respondents not to interfere in their peaceful life and also for a direction to provide protection. 3. It is stated by the learned counsel for the petitioners that though both the petitioners are major but they are of different faiths. They have solemnized marriage out of their own free will and consent without any coercion, since they are adults and are living together as married couple. Further, it is stated that private respondent and other family members have got annoyed and there is serious danger to their lives as they are being threatened and harassed. In support of their age, the petitioner No.1 has brought on record her High School marksheet, whereas, petitioner No. 2 has brought on record his Adhar Card, and from perusal of the same, it is evident that both the petitioners are major. It has further been stated that both the petitioners have applied for marriage under Section 5 of Special Marriage Act. The averments made in the petition are supported by the joint affidavits of the petitioners. 4. Learned Additional Chief Standing Counsel opposes the prayer made in the writ petition. 5. The issue involved in the present petition has already been dealt with in Writ-C No. 41127 of 2025 (Noori and Another vs. State of U.P. and others), reported in 2026 SCC OnLine All 456, wherein a coordinate Bench of this Court, while allowing a bunch of writ petitions of similar nature protected such petitioners having different faiths, and have solemnized marriage with each other on their own free will and choice. Further, the facts of the present case are similar to the facts of Noori (supra), therefore, the present writ petition is being disposed of in the Versus Counsel for Petitioner(s) : Manoj Kumar Singh, Mashaluddin Shah Counsel for Respondent(s) : C.S.C. Priyanka And Another .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s) following terms. 6. Having regard to the facts and circumstances of the case, this Court is of the opinion 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 the concerned Commissionerate of Police, Agra, respondent no. 2 along with a certified copy of this order who shall provide immediate protection to the petitioners. 7. A liberty is granted to the private respondent that if the documents brought on the record are fabricated or forged, it will be open to him/her to file a recall application for recall of this order. 8. It is made clear that this Court has not adjudicated upon the alleged marriage of the petitioners and this order in no way expresses opinion about the validity of their marriage. 9. With the aforesaid observations, the writ petition is accordingly disposed of. 10. No order as to costs. September 8, 2026 Mustaqeem. WRIC No. 20710 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad