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Allahabad High Court · body

2016 DIGILAW 2483 (ALL)

Ruchi Bhardwaj v. State of U. P.

2016-07-18

ASHWANI KUMAR MISHRA

body2016
JUDGMENT Ashwani Kumar Mishra,J. Petitioners have appeared in person before this Court. It is alleged that both petitioner nos.1 and 2 are major and they have solemnized marriage out of their own sweet and free will, and they have got their marriage registered, in accordance with law. It is also stated that family members are opposing their marriage, and the petitioners are being harassed. This petition, consequently, has been filed by the petitioners for a direction upon the respondents not to harass the petitioners and to ensure petitioners' life and liberty. 2. Except for bald allegations, there is nothing on record to show that any grievance has been raised by the petitioners before any of the State authorities, complaining about interference in their marital life or threat to their life and liberty. This Court is flooded with writ petitions filed immediately after solemnization of marriage and it appears that the writ petitions are being filed entirely based upon apprehension. 3. Law is settled that it is the right of married couple to live peacefully without any interference in case they are major. Hon'ble Supreme Court in Lata Singh Vs. State of U.P., AIR 2006 SC 2522 has already issued following directions in para- 17 which reads as Under: - "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. 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 clear enunciation of law by the Hon'ble Apex Court, no reiteration is required in each and every petition filed before this Court. In the facts and circumstances of the present case, no direction need be issued, as prayed. However, in case petitioners face any genuine threat to their life and liberty, or they are harassed contrary to law as laid down in Lata Singh (supra), it shall be open for them to approach the Superintendent of Police of the District concerned, who shall take all steps as may be required in law to ensure that petitioners' life and liberty are not interfered with, keeping in view the observations made in Lata Singh(supra). 5. Since the writ petition is being decided at the stage of fresh motion itself and notices have not been issued to private respondents, as such, liberty is given to them to file a recall, in case any of the averments made in the writ petition are found to be incorrect, and this order shall stand automatically vacated, in case any First Information Report has been lodged in the matter. Subject to the observations made above, the writ petition stands disposed of.