Smt. Suman Kumari and Another v. State of U.P. and 5 Others

Court No. - 84 Case :- WRIT - C No. - 41425 of 2023 Petitioner :- Smt. Suman Kumari And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arjun Singh Solanki Counsel for Respondent :- CSC Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard learned counsel for the petitioners as well as learned Standing Counsel for the State.

¶2Instant Civil Misc. Writ Petition under Article 226 of the Constitution has been filed by the petitioners with the following prayer:-

i) To issue a writ, order or direction in the nature of mandamus restraining the respondents not to interfere in the peaceful marital life of the petitioners.

ii) To issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to 5 to ensure the protection of life and liberty of the petitioners.

¶3The contention of counsel for the petitioners is that both the petitioners are major and willingly married and living together as husband and wife. It is also submitted that they have also applied for online registration of their marriage on 12.10.2023. In support of the age of the petitioners, High School Marksheet of petitioner no. 1 has also been annexed. It is further submitted that because of the marriage of the petitioners, family members of petitioner no. 1 are not happy and they are harassing the petitioners. It is next submitted that the petitioner no. 1 has also moved an application before respondent no. 4 i.e. Superintendent of Police, Badaun seeking protection for herself and petitioner no. 2.

¶4Learned Standing Counsel raised objection on contention made by learned counsel for the petitioners.

¶5Considering the aforesaid submissions, petitioners are directed to move an application before respondent no. 4 i.e. Superintendent of Police, Badaun alongwith relevant documents for the protection of their peaceful married life within a period of 10 days.

¶6In case, such application is filed, respondent no. 4 i.e. Superintendent of Police, Badaun is directed to pass appropriate order on the application for protection of peaceful married life of the petitioners, if there is no legal impediment.

¶7With the aforesaid observation, instant writ petition is disposed of. Order Date :- 1.12.2023 Anjali High Court of Judicature at Allahabad