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Allahabad High Court · body

2016 DIGILAW 2234 (ALL)

Poonam Devi v. State of U. P.

2016-06-24

ASHWANI KUMAR MISHRA

body2016
JUDGMENT Ashwani Kumar Mishra,J. Following orders were passed in the matter on 20.6.2016: - "It is stated that petitioners have solemnised their marriage and are living peacefully but their marital life is being disturbed by the police authorities, pursuant to some complaint made by respondent no. 4. It is stated that the petitioner no. 2 has no concern with the respondent no. 4 and petitioners are being unnecessary harassed. Learned standing counsel prays for and is allowed 3 days time to obtain instructions in the matter. Put up once again, as fresh, on 24.6.2016." 2. Learned Standing Counsel has produced instructions received from the police station and it is stated that as per registers maintained at the police station no F.I.R has been registered against the petitioner and the local police is not interfering with the life and liberty of the petitioner in any manner. 3. It is, otherwise, settled under the orders of the Apex Court in Lata Singh vs. State of U.P., AIR 2006 SC 2522 , that it is the right of major individuals to live together or to solemnize marriage and no interference with such right is to be made. Para 17 of the judgment is reproduced: - "The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. 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 are not harassed by any one nor subjected to threats or acts of violence, and any one 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." 4. In view of the positive statement made by learned Standing Counsel, no further direction is called for. Since petitioners are major and registration certificate of marriage has also been issued, no interference would be made in life and liberty of the petitioners and their matrimonial life shall not be interfered with. 5. It goes without saying that in case any of the rights are interfered with, it shall be open for the petitioners to approach the concerned police authorities, who shall act in accordance with the directions of the Apex Court in Lata Singh (supra). 6. Subject to the observations made above, this writ petition stands disposed off.