Khadeeja Rahman and Another v. State of U.P. Thru. Secy. Home and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8209 of 2023 Petitioner :- Khadeeja Rahman And Another Respondent :- State Of U.P. Thru. Secy. Home And Others Counsel for Petitioner :- Lalu Prasad Bhatt Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

(1) Heard learned counsel for the petitioners and learned A.G.A. who appears on behalf of the State Respondents.

(2) This petition has been filed with the following main prayers:- "i. Issue a writ, order, or direction in the nature of mandamus, commanding the opposite parties not to harass the petitioners who are currently living together in Live-in-Relationship. ii. Issue a writ, order, or direction in the nature of the mandamus, commanding the opposite parties not to interfere in the peaceful Live-in-relationship life of the petitioners."

(3) It has been submitted by learned counsel for the petitioners that petitioner no.1 and petitioner no.2 are both major, who on their own volition and free will are living together in a live-in relationship, but the family members of petitioner no.1 are unhappy to such Live-in-Relationship. In support of his submission that petitioners no. 1 and 2 are major, learned counsel for the petitioners has drawn our attention to the annexure nos.1 and 2 to the petition, which are the Aadhar Card of the petitioners and according to which the date of birth of petitioner no.1 is 01.07.1996.

(4) Learned counsel for the petitioner has also placed reliance upon the Judgement rendered by the Hon'ble Supreme Court in the case of Nandkumar and Another Vs. State of Kerala and Others reported in (2018) 16 SCC 602.

(5) This writ petition is disposed of with a direction to the petitioners that in case they are being threatened by their family members, they may file an application under Section 154(2) or 154(3) of the Cr.P.C. before the Police Station/Superintendent of Police concerned, or move an application under Section 156 (3) of the Cr.P.C. before the Magistrate concerned or file a complaint case under Section 200 of the Cr.P.C. before the authorities concerned. Order Date :- 19.10.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench