Hon'ble Rajeev Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State through Video Conferencing as well as perused the record.
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.
This petition has been filed for a writ of mandamus commanding the opposite parties particularly respondent No.3 not to harass, threaten and interfere in peaceful matrimonial life of petitioners in any manner.
It has been alleged that both of the petitioners are major and have married with each other by their own free-will. In this regard, reliance has been placed on the High School Certificate of petitioner No.2 namely Smt. Uma Saini, which is annexed as annexure No.1 to the writ petition. They are enjoying and living peaceful matrimonial life.
However, opposite party no.3, being annoyed of their marriage, is creating hindrance in order to disturb their matrimonial life with the help of police authority of concerned police station. So, they have approached this Court, for redressal of their grievances, by filing the present writ petition.
Learned counsel for the petitioner 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 till any criminal case is filed against the petitioners.
It is made clear that if any F.I.R. is already registered on the issue, the order passed by this Court shall automatically stands discharged.
Order Date :- 15.4.2021 Ashutosh Pandey