Roshani Pandey and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11749 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J.

¶1At the very outset, learned counsel for the petitioners states that he has filed an impleadment application which is on record per which he seeks to implead Sri Ram Sunday Pandey as per details given in the said given as respondent no. 5.

¶2Learned AGA does not have any objection to the impleadment application being allowed. Accordingly, the application is allowed.

¶3Let Sri Ram Sunday Pandey as per details given in the application be impleaded as respondent no. 5 during the course of the day.

¶4Heard learned counsel for the petitioners and learned AGA for the State-opposite parties no.1, 2, 3 & 4.

¶5In view of the order proposed to be passed, notice to opposite party no.5 is dispensed with.

¶6Instant writ petition has been filed seeking a writ of mandamus directing the opposite parties not to interfere in the peaceful marital life of the petitioners, not to harass the family members and to provide protection to them.

¶7The contention of learned counsel for the petitioners is that both the petitioners are major and they have married each other on their own Versus Counsel for Petitioner(s) : Sandeep Tiwari Counsel for Respondent(s) : G.A. Roshani Pandey And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) volition on 01.08.2025 in Arya Samaj Temple, Shivpuri Kamta, Lucknow. A copy of the marriage certificate has been enclosed as Annexure No.1 to this petition. In support of the petitioners being major, the petitioner no.1 has annexed her High School mark sheet while the petitioner no.2 has also filed a copy of the High School Mark Sheet from which it emerges that both the petitioners are major. It is contended that opposite party no.4 is not happy with the marriage and as such he is creating hindrance in the peaceful married life of the petitioners. Learned counsel has further stated that no First Information Report has been registered against the petitioners in this regard.

¶8In this regard, it would be apt to refer to the judgment of the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. and another-2006 (5) SCC 475, wherein the Apex Court in para-17 has observed as under:- "17. .... This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut-off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. 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 woman 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."

¶9The 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.

¶10Considering the aforesaid, the writ petition is disposed of with a direction to the opposite parties not to interfere in peaceful life and liberty CRLP No. 11749 of 2025 of the petitioners in any manner.

¶11It is made clear that if any F.I.R. is already registered on the issue, the order passed by this Court shall automatically stand discharged.

¶12It 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.

¶13The petitioners shall get their marriage registered under the "Uttar Pradesh Marriages Registration Rules, 2017" within two months from today.

¶14The Registrar of Marriages concerned is directed to process and issue the registration certificate to the petitioners, strictly in accordance with law, at the earliest. December 17, 2025 Pachhere/- CRLP No. 11749 of 2025 (Mrs. Babita Rani,J.) (Abdul Moin,J.) High Court of Judicature at Allahabad, Lucknow Bench