Court No. - 10
Case :- WRIT - C No. - 5400 of 2016 Petitioner :- Smt. Deepika Katiyar And 3 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Siya Ram Verma,Akansha Verma Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
The supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.
By means of present writ petition, the petitioners have prayed for direction in the nature of mandamus directing the respondents not to interfere in their peaceful matrimonial life.
Initially, the matter was taken up on 5.2.2016 and on the said date the Court had proceeded to pass following order:-
"1. Heard learned counsel for the petitioners and learned standing counsel appearing for the State of U.P.
2. There are four petitioners in this petition. Petitioner nos. 1 and 2 have married of their own free will but against the wishes of the parents of petitioner no. 2. Petitioners no. 3 and 4 are the parents of petitioner no. 2. All of them are being harassed and tortured by the respondents with the help of police and therefore filed this petition seeking direction to protection of their life. Petitioners no. 1 and 2 from the pleadings in the petition appear to be of marriageable age according to their date of birth mentioned in the High School certificates.
3. The averments in the petition are supported by affidavit of petitioner no. 1.
4. Notwithstanding the above, as the petitioners no. 1 and 2 on the averments made in the petition are otherwise of marriageable age who are entitle to live at the place and with the person of their choice, without expressing any conclusive opinion regarding marriageable age of both of them, validity of their marriage or the genuineness of the marriage certificate produced or the change of their religion, the concerned police authorities are directed to ensure that they are not put to any threat or torture and that their married life is not disturbed by any one, provided they apply for registration of their marriage in accordance with the provisions of the Uttar Pradesh Hindu Marriage Registration Rules,1973/The Special Marriage Act,1954 within a period of one month from today and file the certificate of registration of marriage before the Court on affidavit, within two months from today, failing which, the interim protection granted herein-above shall automatically cease to operate.
5. It is made clear that filing of this petition or this order would not be treated as proof of valid marriage between the petitioners and that it would not affect any investigation, if any, pending before the police authorities in connection with their age or marriage.
6. Issue notice to respondents no. 5 to 8.
7. Learned Standing counsel may seek instructions.
8. List for admission/final disposal immediately after two months."
Learned counsel for the petitioners submits that the first and second petitioners solemnized their marriage with each other according to Hindu Rites and Custom on 01.6.2016 and out of their wedlock, a female child was born. She has also been brought before this Court by the couple. No F.I.R. has been registered against them.
Both the petitioners are present in the Court and are identified by learned counsel appearing for the petitioners. The petitioners claim to be adults and married to each other of their own freewill, and for that they are being threatened and harassed.
In Lata Singh vs. State of UP 2006 Cr.L.J. 3312, while dealing with a case of harassment by the parents of the boy and girl, who had entered into inter-caste marriage, Hon'ble Supreme Court has issued directions to the Administration/Police authorities throughout the country in the following terms:-
"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."
In Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 Hon'ble Supreme Court held in paragraph 28 and 29 as under:-
"28. ..... Often young couples who fall in love have to seek shelter in the police lines or protection homes, to avoid the wrath of kangaroo courts. We have held in Lata Singh case that there is nothing "honourable" in "honour" killings, and they are nothing but barbaric and brutal murders by bigoted persons with feudal minds. In our opinion honour killings, for whatever reason, come within the category of the rarest of rare cases deserving death punishment. It is time to stamp out these barbaric, feudal practices which are a slur on our nation. This is necessary as a deterrent for such outrageous, uncivilised behavior. All persons who are planning to perpetrate "honour" killings should know that the gallows await them.
29. Let a copy of this judgment be sent to the Registrars General/ Registrars of all the High Courts who shall circulate the same to all the Judges of the Courts. The Registrars General/ Registrars of the High Courts will also circulate copies of the same to all the Sessions Judges/ Additional Sessions Judges in the States/Union Territories. Copies of the judgment shall also be sent to all the Chief Secretaries/ Home Secretaries/ Directors General of Police of all States/ Union Territories in the country. The Home Secretaries and Directors General of Police will circulate the same to all SSPs/SPs in the States/Union Territories for information."
In view of the above, the writ petition is finally disposed of with the direction that the first and second petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of them, the first and second petitioners shall approach the concerned Senior Superintendent of Police or Superintendent of Police with a certified copy of this order, who shall provide immediate protection to the petitioners. They also also given liberty to move an appropriate application for registration of their marriage under Uttar Pradesh Marriages Registration Rules, 2017 within two months from today.
In view of this, the order dated 16.11.2018 is modified accordingly.
Order Date :- 26.11.2018 RKP