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Allahabad High Court · body

2013 DIGILAW 2611 (ALL)

Sheela @ Fatima Begum v. State of U. P.

2013-10-21

PANKAJ MITHAL

body2013
JUDGMENT Hon’ble Pankaj Mithal, J.—Heard learned counsel for the petitioners. Learned Standing counsel has appeared for the respondents. 2. The petitioners allege that they are of marriageable age and have married of their own free will but some people especially their parents and relatives are not happy with the marriage and are causing disturbance in their life with the support of the police. 3. On the above allegations they have invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India praying that a direction be issued to the respondents not to harass and torture them and not to interfere in their peaceful matrimonial life. 4. This Court unmindful of the damage and erosion caused to writ jurisdiction has been disposing of scores of similar petitions every day with certain observations so that no harm is caused to the petitioners. 5. The right to life and liberty under Article 21 of the Constitution of India is a Fundamental Right and is a superior Human Right in comparison to any private or individual right of any person. Therefore, the State as well as the State machinery particularly the police authorities are under a constitutional obligation not only to maintain law and order but to protect life and liberty of an individual and to ensure that no harm is caused to them irrespective of their age, cast, religion or status whether married or unmarried. However, it is not possible to provide security cover to every individual separately. Any abrasion in discharge of such an obligation can always be complained of before the appropriate authorities whereupon the State machinery would swing into action to redress the grievance of the aggrieved party. 6. In view of the above, notwithstanding that a person is entitle to marry any person of his/her choice of any cast or religion and that a person who is major has a right to live at any place and in the company of any one he/she prefers, seeking direction of the nature as mentioned above is like reminding the authorities of their Constitutional obligation which is virtually a futile exercise as every authority is supposed to know their duties and obligations. 7. It is settled that the Courts should be slow in issuing directions of a futile nature. 7. It is settled that the Courts should be slow in issuing directions of a futile nature. Therefore, the petition to the above effect though may not be an abuse or misuse of the process but it certainly leads to an overuse of the jurisdiction which ought not to be entertained at this stage.ýÿ 8. Accordingly without expressing any opinion about the marriageable age of the petitioners, validity of their marriage, genuineness of the marriage certificate, if any, produced, the writ petition is disposed of with liberty to the petitioners, if they have any grievance regarding harassment or disturbance caused to their life by any person to lodge a First Information Report (FIR) or a complaint as may be advisedýÿ to them, against the person (s) concerned including the State authorities or the police personnel, if they are so involved whereupon the State machinery would proceed to investigate the matter and bring it to its logical conclusion according to law. 9. The petition is disposed of with the above observation.