Madhuri Raj and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9662 of 2024 Petitioner :- Madhuri Raj And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Others Counsel for Petitioner :- Roshan Lal Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

¶2By means of this writ petition, petitioners have prayed for issuance of mandamus commanding the opposite parties not to harass the petitioners and interfere in their peaceful married life.

¶3Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e.

13.12.2024, they were of marriageable age. The marriage certificate dated 13.12.2024 issued by the Arya Samaj Shivpuri Kamta, Chinhat, Lucknow is annexed as Annexure-3 to the writ petition. Petitioners have collectively annexed High School Certificate and PAN Card of petitioner No.1 and Aadhar Card of petitioner No.2 as Annexure No.1 to this writ petition in this regard as proof of age. Learned counsel for the petitioners further submits that petitioners are in the process of getting their marriage registered, which shall be done within a period of fifteen days. Learned counsel for petitioners further submits 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.

¶4In view of the above, it is provided that if the petitioners have married each other and are living together, were of marriageable age 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. Further, it has been assured by learned Counsel for the petitioners that the petitioners will get their marriage registered from the concerned authority within a period of fifteen days' from today.

¶5It 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.

¶6Accordingly, the writ petition is disposed of. [Om Prakash Shukla, J.] [Vivek Chaudhary, J.] Order Date :- 18.12.2024 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench