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2019 DIGILAW 1547 (ALL)

Gomti Devi v. State of U. P.

2019-06-28

ANIL KUMAR, YOGENDRA KUMAR SRIVASTAVA

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JUDGMENT : Anil Kumar, Yogendra Kumar Srivastava, JJ. 1. Heard learned counsel for the petitioners and learned Additional Government Advocate on behalf of opposite party Nos. 1 to 3 and perused the record. 2. As the point involved in the present writ petition is trivial in nature, so with the consent of parties, the writ petition is being heard and decided at the admission stage. 3. Notice to opposite party No. 4 is dispensed with. 4. This petition has been filed for a writ of mandamus commanding to the opposite parties specially to the police authorities not to harass petitioners in any manner and not to adopt any coercive process against the petitioners on the basis of their marriage being solemnised and not to create any hindrance in their married life. 5. Petitioner No. 1/Gomti Devi and petitioner No. 2/Sarvesh Kumar are present in court and they are recognised by their counsel. 6. It has been alleged that both of the petitioners are major and have married with each other by their own free will on 24.6.2019 as per Hindu Rites and Rituals at Arya Samaj Mandir, Aliganj, Lucknow. In this regard, reliance has been placed on the marriage certificate issued by the Arya Samaj Mandir, Aliganj, Lucknow annexed as Annexure-2 to the writ petition. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners till date. 7. However, opposite party No. 4, being annoyed with their marriage, is creating hindrance in order to disturb their matrimonial life with the help of police authority of concerned police station. As such, the petitioner No. 1, made a representation to the opposite party Nor 2 requesting therein that police authority of concerned police station may be directed not to interfere in the peaceful matrimonial life at the behest of opposite party No. 4 but till date, nothing has been done by the police authority. So, they approached this Court, for redressal of their grievances, by filing the present writ petition. 8. Learned counsel for the petitioner has relied upon the law laid down in paragraph 17 of Lata Singh v. State of U.P. and another, 2006 (5) SCC 475 which reads as under:- "17. .... So, they approached this Court, for redressal of their grievances, by filing the present writ petition. 8. Learned counsel for the petitioner has relied upon the law laid down in paragraph 17 of Lata Singh v. 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." 9. Learned A.G.A. has raised a preliminary objection that till date, no F.I.R. has been lodged against the petitioners; so only on the basis of the mere assertion made by the petitioners that they are being harassed by the opposite party No. 4 with the help of police authority of concerned police station in order to not enjoy their matrimonial life, the writ petition is not maintainable under Article 226 of the Constitution of India, is liable to be dismissed. 10. After hearing learned counsel for the parties and going through the record as well as taking into consideration the said fact that both the petitioners are major and have married with each other by their own free will and are enjoying their peaceful matrimonial life, if any hindrance is created in the peaceful matrimonial life of the petitioners without any procedure as established by law, the same would amount to violation of Article 21 of the Constitution of India. 11. In view of the above said facts, we dispose of the writ petition with a direction to the opposite parties not to interfere in the peaceful matrimonial life of the petitioners unless and until legal course is adopted by the opposite party No. 4 for the said purpose.