Neutral Citation No. - 2024:AHC-LKO:79434-DB
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 9076 of
2024
Petitioner :- Smt. Shanti And Another
Respondent :- State Of U.P. Thru. Secy. Home Deptt. And 3
Others
Counsel for Petitioner :- Arvind Kumar Mishra,Neha
Chaurasia,Neha Sinha
Counsel for Respondent :- G.A.
Hon'ble Vivek Chaudhary,J.
Hon'ble Om Prakash Shukla,J.
Heard learned counsel for the petitioners and the learned
A.G.A. and perused the record.
By means of this writ petition, the petitioners prayed for
issuance of mandamus commanding the opposite parties not to
harass the petitioners and interfere in the peaceful married life.
Petitioners claim to have married each other of their own
volition and also claim that on the date of their marriage i.e.
24.11.2024, they were of marriageable age. Petitioners have
annexed their Aadhar Cards as Annexure no.3 and have also
annexed the marriage certificate dated 24.11.2024 issued by
Arya Samaj Sector-H (Harsh Vihar Purniya), Aliganj, Lucknow
as Annexure No.1 to the writ petition. Petitioner no.1 has also
annexed her School Transfer Certificate as Annexure No.2 to
the writ petition. He further says 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.
Learned counsel for petitioners also undertake to get the
marriage of petitioners registered under the U.P. Marriages
Registration Rules, 2017, within a period of four weeks.
In 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.
It 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.
Accordingly, the writ petition is disposed of.
(Om Prakash Shukla,J.) (Vivek Chaudhary,J.)
Order Date :- 29.11.2024
Arjun/-
Digitally signed by :-
ARJUN PRASAD
High Court of Judicature at Allahabad,
Lucknow Bench