Smt. Arti and Another v. State of U.P. Thru. Secy. Deptt. of Home and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4340 of 2023 Petitioner :- Smt. Arti And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home And Others Counsel for Petitioner :- Ram Chandra Dwivedi,Rajat Dwivedi Counsel for Respondent :- G.A. Hon'ble Manish Mathur,J. Hon'ble Umesh Chandra Sharma,J. Heard learned counsel for the petitioners, the learned AGA for respondent nos.1, 2 and 3. In view of the order being passed, notice to respondent no.4 stands dispensed with. This petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of mandamus commanding the respondents/police authorities not to harass the petitioners on the case of their marriage having being solemnized. Learned counsel for the petitioners drawn attention to the Marks Statement-cum-Certificate issued by CBSE indicating date of birth of petitioner no.1 as 07.08.2003. It is submitted that both the petitioners are major and have entered into the matrimonial alliance on 29.05.2023. The relevant marriage certificate issued by Arya Samaj is on record as annexure-3 to the writ petition. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners till date. However, respondent no.4, being annoyed of their marriage, is creating hindrance in order to disturb their matrimonial life with the help of police authority of concerned police station. Learned counsel for the petitioners has relied upon the law laid down in paragraph-17 of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 which reads as under:- "17. ...We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a women or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law." The petitioners have also pleaded for protection under Article 21 of the Constitution of India which guarantees liberty to lead life of their own with dignity. The petition is, therefore, disposed of with a direction to the respondents not to interfere in peaceful life and liberty of the petitioners in any manner. Order Date :- 2.6.2023 Shahroz High Court of Judicature at Allahabad, Lucknow Bench