Khushi Bano and Another v. State of U.P. Through Principal Secretary Home, Lucknow and 3 Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9691 of 2024 Petitioner :- Khushi Bano And Another Respondent :- State Of U.P. Through Principal Secretary Home, Lucknow And 3 Others Counsel for Petitioner :- Rahul Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶1This petition has been filed for a writ of mandamus directing the opposite parties not to interfere in the peaceful life of the petitioners and not to take any coercive action against the petitioners.

¶2It is stated by learned counsel for the petitioners that both the petitioners are major and have married with each other out of their own free will on 27.11.2024 at Mosque, Shahjahanpur. A copy of nikahnama dated 27.11.2024 has been annexed as Annexure No.2 to the writ petition. Petitioner No.1 has also annexed High School Marksheet contained in Annexure No. 3 to the writ petition as proof of age. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners till date. However, opposite party no. 4 being annoyed with their marriage, are creating hindrance in order to disturb their matrimonial life with the help of police authority of concerned police station. So, they have approached this Court, for redressal of their grievances, by filing the present writ petition.

¶3Learned counsel for the petitioners has relied upon the law laid down in paragraph 17 of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 which reads as under:- "17..... We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a women or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."

¶4The petitioners have also pleaded for protection under Article 21 of the Constitution of India which guarantees liberty to lead life of their own with dignity.

¶5The petition is, therefore, disposed of with a direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner. . (Om Prakash Shukla, J.) (Vivek Chaudhary, J.) Order Date :- 18.12.2024 Ajit High Court of Judicature at Allahabad, Lucknow Bench