Smt. Mushkan Maheshwari and Another v. State of U.P. and 3 Others

Court No. - 84 Case :- WRIT - C No. - 41397 of 2023 Petitioner :- Smt. Mushkan Maheshwari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Kumar,Sandeep Kumar 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) To issue a writ, order or direction in the nature of mandamus commanding/directing the respondent authorities not to harass the petitioner as their living as husband and wife in view of the marriage dated 03.11.2023 as they being major have right to enjoy their life."

¶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 03.11.2023. In support of the majority of the petitioner no. 1, High School Marksheet has 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. It is next submitted that the petitioner no. 1 has also moved an application dated 20.11.2023 through registered post before respondent no. 2 i.e. Superintendent of Police, Shamli, 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 Superintendent of Police, Shamli i.e. respondent no. 2 to consider the application dated 20.11.2023 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 Superintendent of Police, Shamli, 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