Smt. Reema and Another v. State of U.P. and 3 Others

Court No. - 84 Case :- WRIT - C No. - 41406 of 2023 Petitioner :- Smt. Reema And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Bhartiya,Dinesh Kumar Yadav Counsel for Respondent :- C.S.C. 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) Issue a writ, order or direction in the nature of mandamus commanding the respondents to protect the matrimonial life and liberty of the petitioners in every manner guaranteed under the law.

ii) To issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 and 3 not to interfere or harass the petitioners by their family members in any manner whatsoever."

¶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. In support of the majority of the petitioners, birth certificate of petitioner no. 1 and High School Marksheets of petitioner no. 2 have also been annexed in the petition. 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 and interfering in their peaceful married life. It is next submitted that the petitioner no. 1 has also moved an application dated 24.11.2023 through registered post before respondent no. 2 i.e. Police Commissioner Commissionerate, Prayagraj, 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 and upon perusal of record, present writ petition is disposed of with a direction to Police Commissioner Commissionerate, Prayagraj i.e. respondent no. 2 to consider the application dated 24.11.2023 filed by petitioner no. 1 and pass appropriate order for the protection of peaceful married life of the petitioners, if there is no legal impediment.

¶6It is further directed that till disposal of the aforesaid application, the Police Commissioner Commissionerate, Prayagraj, will ensure that no person will interfere in the peaceful married life of the petitioners. Order Date :- 1.12.2023 Anjali High Court of Judicature at Allahabad