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

Court No. - 37 Case :- WRIT - C No. - 35603 of 2023 Petitioner :- Smt. Shivani Kumari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kifayat Ali Counsel for Respondent :- C.S.C. Hon'ble Manoj Bajaj,J. Petitioners have filed this writ petition under Article 226 Constitution of India for issuance of a writ in the nature of mandamus by way of directions to the official respondent no.2 to provide protection to them, as they have performed marriage on

03.10.2023 against the wishes of respondent no.4-father of petitioner no.1 and apprehend threat to their life. Learned counsel for petitioners submits that petitioners are major and they have voluntarily entered into matrimonial alliance on the basis of their free will, consent and performed the marriage on

03.10.2023, but the respondent no.4 (father of petitioner no.1) is against this alliance, who has been extending threats to the petitioners. Learned counsel has referred to the representation dated 05.10.2023 (Annexure No.5) sent to Superintendent of Police, Bulandshahr to assert that the request by petitioners for providing protection is pending consideration before the respondent no.2. He prays that necessary directions be issued. At this stage, learned Standing Counsel appears on behalf of respondent nos. 1, 2 and 3. Upon hearing the learned counsel for petitioners and without commenting on the validity or legality of the alleged marriage of the petitioners, this Court deems it appropriate to direct the respondent no.2, Superintendent of Police, Bulandshahr to look into the grievance of the petitioners submitted through the representation dated 05.10.2023 (Annexure No.5) as well as existence of alleged threat and shall take a decision in accordance with law. It is further clarified that in case any case has already been registered at the instance of respondent no.4 against the petitioners, in that event this order shall not be construed as an impediment to the proceedings of the said case. With these observations, the writ petition is disposed of. Order Date :- 1.11.2023/Vipasha High Court of Judicature at Allahabad