Smt. Rubi Khatun and Another v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 8322 of 2023 Petitioner :- Smt. Rubi Khatun And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Kaushal Kishore Tewari Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for petitioners and learned A.G.A. for the State. The petitioners no. 1 and 2 are present in person before the Court and have been identified by the learned counsel for the petitioners. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage, they were of the age of majority. Petitioners have annexed High School Certificates and Nikahnama as Annexures 1 and 3 in this regard as proof of age and marriage. He further says that there is no F.I.R. against the petitioners and they are not wanted in any criminal case yet the police is harassing them at the behest of family members who are not agreeable to the marriage. Therefore, this petition has been filed seeking a writ of mandamus directing the opposite parties not to interfere in peaceful married life of the petitioners. In view of the above, it is provided that if the petitioners have married each other and are living together, were of the age of majority on the date of their marriage and they are not wanted in any criminal case then the police shall not unnecessarily interfere in their peaceful married life. It is however made clear that this Court has not entered into nor adjudicated the age of the petitioners nor veracity/ validity of the alleged marriage. Accordingly, the writ petition is disposed of. (Ajai Kumar Srivastava-I,J.) (Rajan Roy,J.) Order Date :- 28.10.2023 Mahesh High Court of Judicature at Allahabad, Lucknow Bench