Court No. - 40
Case :- WRIT - C No. - 34437 of 2021 Petitioner :- Diksha Koushal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dileep Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Vikram D. Chauhan,J.
Petitioners claim to be major and are stated to be live in relationship with each other. They have approached this Court with grievance that private respondent is interfering with their peaceful relationship and there is a threat of their life and liberty. It is urged that though the concerned police authorities have been informed but no decision has yet been taken.
It is settled by 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 permissible. Para 17 of the said judgment is reproduced:-
"17. 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."
Although above observations were made by the Supreme Court in a petition filed by a married couple from different faiths, but the principle laid down would clearly be attracted in the present case also, as the petitioners are major and have the right to live with a person of their choice.
In view of the law settled, it goes without saying that in case any interference with the life and liberty of the petitioners is made or any threat is extended to them, they shall be at liberty to approach the concerned Superintendent of Police, who shall examine petitioners' grievance and take all steps, as may be warranted in law, to ensure that life and liberty of the petitioners is not interfered with by private respondent(s).
Since the writ petition is being disposed of at the stage of fresh motion itself and notices have not been issued to private respondent, 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 off.
Order Date :- 23.12.2021 Ashok Kr.