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Smt.Vani Arya Alais Afsana ... vs State Of ...

High Court Of Judicature at Allahabad|16 August, 2019
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and learned A.G.A.
This petition has been filed for a writ of mandamus commanding the the opposite parties not to interfere in peaceful marriage life of the petitioners.
The petitioners are present in person before the Court and have been identified by their counsel. It has been alleged that both of them are major and have married with each other out of their own volition. The age of petitioner No.1 is more than 25 years as per the High School Certificate annexed to the writ petition. There is no first information report lodged against the petitioners till date.
Learned 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."
The 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.
The 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.
It is very clear that this order is not a validation certificate of this marriage.
Order Date :- 16.8.2019 S. Shivhare
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  • Shabihul Hasnain
  • Narendra Kumar Johari