Smt. Sima Bharti and Another v. State of U.P. and 3 Others

Court No. - 50 Case :- WRIT - C No. - 27055 of 2023 Petitioner :- Smt. Sima Bharti And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sheetala Prasad Pandey Counsel for Respondent :- C.S.C. Hon'ble Ram Manohar Narayan Mishra,J. Supplementary affidavit filed by learned counsel for the petitioners today is taken on record. Notice issued to respondent No.4 through registered post has been returned undelivered with inducement of insufficient address. However, learned counsel for the petitioners submitted that the address of respondent No.4 given in writ petition is complete address and he is not aware of any other address. 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. Learned counsel for the petitioners submitted that petitioners belongs to Hindu community. They have solemnized their marriage out of their free will and consent on 2.7.2023 at Samay Mata Mandir, Khalilabad, Sant Kabir Nagar, after attaining age of majority. The petitioners have also applied for online registration of their marriage on 18.7.2023. The date of birth of petitioner No.1 is mentioned as 5.8.1995 and that of petitioner No.2 is mentioned as 4.4.1997 in their respective Aadhar Cards as well as in High School Examination Marks-sheets, copies thereof has been filed alongwith supplementary affidavit. After marriage, they have started living as husband and wife at the place of petitioner No.2 in Etawah. However, respondent No.4, who is father of petitioner No.1 is strongly opposed to their relationship and marriage, as petitioner No.2 belongs to different caste. Respondent No.4 alongwith his family members interfering in the married life of petitioners. The petitioners are apprehending danger to their life and liberty from respondent No.4. The petitioners have filed joint affidavit in support of their pleadings made in present writ petition. The petitioner No.1 moved an application for protection on

6.7.2023 before S.P., Sant Kabir Nagar but no relief has been obtained from him. Heard learned counsel for the petitioners and learned Standing Counsel for the State functionaries. In view of the order proposed to be passed, there is no need to issue notice to 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. 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, as well as of 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, Sant Kabir Nagar i.e., respondent no.2, with a certified 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 to him to file a recall application for recall of this order. The petitioners undertake to get their marriage registered 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. No order as to costs. Order Date :- 1.11.2023 Kamarjahan High Court of Judicature at Allahabad