Smt. Suman Kumari and Another v. State of U.P. and 3 Others

Court No. - 72 Case :- WRIT - C No. - 33669 of 2023 Petitioner :- Smt. Suman Kumari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Babu Verma,Anita Singh Counsel for Respondent :- CSC Hon'ble Krishan Pahal,J.

¶1Instant writ petition has been filed by the petitioners with following prayers:- "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to harass & torture the petitioners by any mode or manner also not to interfere in their peaceful matrimonial life.

(ii) Issue any other order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

¶2Heard Ms. Anita Singh, learned counsel for the petitioners, Sri Dilip Kumar, learned counsel for the respondent No.4 and learned Standing Counsel for the State and perused the material placed on record.

¶3Learned counsel for the petitioners submitted that both the petitioners have solemnized their marriage out of their free will and choice as well as driven by love affairs on 4.7.2023 at Arya Samaj Mandir, Bichpuri, Agra, after attaining the age of majority and consent for marriage as stated in paragraph 9 of the writ petition. Thereafter, they had got certificate of marriage registration on 28.8.2023. They have every right to choose their life-partner being consenting adults. Both of them profess Hindu religion. The date of birth of petitioner No.1, as per the High School mark sheet-cum-certificate, is recorded as 4.3.1999 and that of petitioner No.2 as 1.1.1994 in his Aadhar Card. They have also filed a joint affidavit in support of their pleadings made in present petition and therefore, there is no legal impediment in their marriage.

¶4Learned counsel for the petitioners have averred in the writ petition that they are living as wife and husband and their relationship is not relished and agreed by respondent No. 4, who is father of petitioner No. 1. He is regularly hurling threats to the petitioners because petitioner No. 1 has solemnized marriage with petitioner No. 2 against his wishes and is trying to falsely implicate the petitioner No. 2 in false criminal case. They apprehend danger to their life and liberty from respondent No. 4. 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. Petitioners had moved an application before respondent No. 2, Commissioner of Police, Agra, seeking protection for themselves against respondent No. 4 and his family members, but no action has been taken.

¶5Learned Additional Chief Standing Counsel raised objection on contention made by learned counsel for the petitioners.

¶6In view of the order proposed to be passed, there is no need to issue notice to the private respondent. With the consent of learned counsel appearing for the parties, this writ petition is being disposed of finally at this stage in terms of the Rules of the Court.

¶7The 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."

¶8Having 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.

¶9A 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.

¶10It 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.

¶11Therefore, the protection order in the nature of mandamus is issued to respondent numbers 2 and 3 to secure life and liberty of petitioners.

¶12With the aforesaid observations, the writ petition is disposed of. No order as to costs. (Justice Krishan Pahal) Order Date :- 17.10.2023 Shalini High Court of Judicature at Allahabad