Nazini Khan and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9670 of 2024 Petitioner :- Nazini Khan And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Shri Prakash Verma,Pinki Devi 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.

30.11.2024, they were of marriageable age. The Nikahnama certificate dated 30.11.2024 issued by the Languages Department, Nadwa College, Lucknow is annexed as Annexure-1 to the writ petition. Petitioner No.1 has annexed her High School Certificate and her Aadhar Card as Annexure no.2 and petitioner No.2 has also annexed his High School Certificate and Aadhar Card as Annexure No.3 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 under the relevant law within a period of fifteen days' from today. a

¶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