Court No. - 10
Case :- WRIT - C No. - 2238 of 2019 Petitioner :- Khushbu Begum Alias Khushbu Yadav And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Majahar Ali Counsel for Respondent :- C.S.C.,Rahul Kumar
Hon'ble Mahesh Chandra Tripathi,J.
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 a direction upon the respondents not to interfere with their peaceful married life by adopting coercive measures.
The petitioners claim to be major, and have married with their free will. They are living together as husband and wife.
It is alleged that the family members of petitioners are interfering in their peaceful married life.
Learned counsel for the petitioners submits that the petitioner no.1 had converted herself in the religion of petitioner no.2 on her own free will. He has placed his reliance to a judgment of Hon'ble Supreme Court in Perumal Nadar v. Ponnuswami reported in LAWS (SC)-1970- 3-26 in support of his submission. He further submits that this Court should issue the necessary directions in view of the decision of the Supreme Court in Lata Singh Vs. State of U.P. & Anr. (2006) 5 SCC 475. He has also placed reliance in the judgment passed by this Court in Aasma & Anr. v. State of U.P. & Ors., Writ-C No.37462 of 2018 decided on 15.11.2018.
It has been averred in the writ petition that no FIR has been lodged by the relatives of the petitioners. The allegations of harassment in the writ petition are based merely on the apprehensions.
Learned Standing Counsel states that in the present matter an F.I.R. has been lodged against the second petitioner and as such no interference is required in the matter.
In the aforesaid facts and circumstances, this Court is not inclined to interfere in the matter under Article 226 of Constitution of India. Once a report is lodged with the police, it will be open to the petitioners to appear before the concerned Magistrate to record their statements.
The writ petition is disposed of with the aforesaid observations.
Order Date :- 22.1.2019 A. Pandey