Smt. Sheetal and Another v. State of U.P. and 5 Others

Court No. - 50 Case :- WRIT - C No. - 22800 of 2023 Petitioner :- Smt. Sheetal And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Geetam Singh Counsel for Respondent :- C.S.C. Hon'ble Ram Manohar Narayan Mishra,J. Notice has been issued to respondent no. 4 to 6, which has been reportedly served on them. But none appeared to press the writ petition nor any counter affidavit has been filed. The petitioners have preferred this writ petition for a direction upon the respondents not to interfere in their married life and also for protection of their lives and liberty. The petitioners claim that they are major. Petitioner nos. 1 and 2 solemnized their marriage on 14.11.2022 according to Hindu rites and rituals at Maa Bhagwatpur Bali Devi Mandir, Bahjoi, Sambhal and got their marriage registered for which a marriage registration certificate has been issued, copy thereof has been filed as annexure-3 to the petition. In support of their age, the petitioners have brought on record their High School Certificates; wherein, the date of birth of the petitioner no. 2 is shown as 1.1.2000 and that of petitioner no. 1 as 11.11.2004. Respondent nos. 4 to 6, father and brothers of petitioner no. 1, are averse to the marriage of the petitioners and intended to give her hand to some other person, however, till date no F.I.R. has been lodged against the petitioner no. 2. The petitioners have averred in the writ petition that they are living as wife and husband. It is stated that they have apprehension that private respondent can eliminate them for the honour of their family. In case this Court does not grant them protection, their lives may be endangered. Learned counsel for the petitioners submitted that this Court vide order dated 31.7.2023 granted protection to the petitioners from respondent nos. 4 to 6. Heard learned counsel for the petitioners and learned Standing Counsel for the State - respondents. . Learned standing counsel submitted that as per instructions received in the matter, respondent nos. 4 to 6 have stated before the police that they are no concern with the marriage and relationship of the petitioners. They have been arrayed in the writ petition only to harass them. They have not filed any application to the S.P. or SHO concerned and also informed that apprehension of honour killing raised by the petitioners is unfounded. Father of the petitioner no. 1 has extended his blessings to the petitioners for their consensual marital relationship. This writ petition is being disposed of finally at this stage in terms of the Rules of the Court. The Supreme Court in a long line of decisions has settled the law that where a boy and a girl are major and they are living with their free will, then, nobody, including their parents, has authority to interfere with their living together. Reference may be made to the judgements of the Supreme Court in the cases of Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234; Lata Singh v. State of U.P. and another, (2006) 5 SCC 475; and Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396, which have consistently been followed by the Supreme Court and this Court in Deepika and another v. State of U.P. and others, 2013 (9) ADJ 534. The Supreme Court in Gian Devi (supra) has held as under: "7. ... Whatever may be the date of birth of the petitioner, the fact remains that she is at present more than 18 years of age. As the petitioner is sui juris no fetters can be placed upon her choice of the person with whom she is to stay, nor can any restriction be imposed regarding the place where she should stay. The court or the relatives of the petitioner can also not substitute their opinion or preference for that of the petitioner in such a matter." Having regard to the facts and circumstances of the case, I am of the view 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 Superintendent of Police concerned, with a copy of this order, who shall provide immediate protection to the petitioners. A liberty is granted to the private respondent that if the documents brought on the record are fabricated or forged, it will be open for the respondent to file a recall application for recall of this order. The petitioners undertake to get their marriage registered under "Uttar Pradesh Marriages Registration Rules, 2017" within a period of two months. If the petitioners could not get their marriage registered within the stipulated period herein above, the protection granted under this order shall stand automatically vacated. 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. With the aforesaid observations, the writ petition is disposed of. Order Date :- 16.10.2023 Dhirendra/ High Court of Judicature at Allahabad