Court No. - 40
Case :- WRIT - C No. - 17415 of 2021 Petitioner :- Smt. Kajal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners. The learned Standing Counsel appears for the respondent nos.1 2 and 3.
This writ petition has been filed with the following prayer:
"Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to interfere in the matrimonial life of petitioner no.1 and 2 which was solemnized between both the petitioners according to their free will, during the pendency of the present writ petition, so that justice may be done."
The contention of the learned counsel for the petitioners that both the petitioners are adults and have married each other of their own freewill and accord, which was registered at Moradabad on 25.06.2021. A certificate for registration of their marriage has been enclosed with the writ petition at Annexure-
3. It is contended that the respondent no.4, who is the father of the petitioner no.1, is threatening and harassing the petitioners and also interfering in their peaceful matrimonial life.
From the record, it does not appear that any FIR has been lodged by the petitioners or against the petitioners by any person. Only an application addressed to the Senior Superintendent of Police, Moradabad has been enclosed as Annexure-4 to the writ petition.
No direction, therefore, can be issued in favour of the petitioners for the relief sought for. In case the petitioners are threatened by any person, it is always open to them to move to the authorities concerned under the provisions of law for protection of their rights.
With the aforesaid observation, this writ petition is disposed of.
Order Date :- 29.7.2021 SK (Jayant Banerji, J.)