Jyoti Dixit and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 8300 of 2023 Petitioner :- Jyoti Dixit And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Sagar Singh,Devanshu Pratap Singh,Shri Ram Maurya Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Ajai Kumar Srivastava-I,J. Considering the nature of order proposed to be passed, issuance of notice to opposite party no. 4 is dispensed with. Heard Shri Sagar Singh, learned Counsel for the petitioners and learned A.G.A. for the State. The petitioner's herein claim to have married each other of their own volition. They also claim to be of the age of majority as on the date of marriage which is said to have been solemnized on

14.07.2023. As regards the proof of age of petitioner no. 1, her high school certificate has been annexed as Annexure No. - 1 which shows her date of birth to be 20.01.1995. They have approached this Court seeking a Writ of Mandamus directing respondents not to harass or interfere in the matrimonial life of the petitioners. It is said that no F.I.R. has been lodged against them. It is also alleged that the family members are harassing them. Considering the facts of the case, it is provided that if the petitioners are not wanted in any criminal case then they shall not be unnecessarily harassed by the Police. The Police shall not interfere in peaceful life of petitioners unless there is evidence available that on the date of marriage either of them had not attained the age of majority or they are wanted in some other criminal case in which case they can be proceeded as per law. We make it clear that we have not adjudicated the validity of marriage of the petitioners nor the age of their majority. With these observations/directions, the petition is disposed of. Order Date :- 27.10.2023/Lokesh Kumar [Ajai Kumar Srivastava-I, J.] [Rajan Roy, J.] High Court of Judicature at Allahabad, Lucknow Bench