Court No. - 39
Case :- WRIT - C No. - 18019 of 2021 Petitioner :- Kum Sanobar And Another Respondent :- State Of U.P And Others Counsel for Petitioner :- Zafar Abbas
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The petitioners claim that they are in love with each other. They belong to different religion and the said fact is not acceptable to respondent no. 4, father of petitioner no. 1.
The case of the petitioners is that both of them are major. It is alleged that date of birth of petitioner no. 1, as per High School mark-sheet is 31.01.2002 and that of petitioner no. 2 as per Adhar Card is 08.01.1999 and thus, they are 19 and 22 years of age, respectively.
According to petitioners, their family members have objection to their live-in relationship and consequently, they are being subjected to harassment. It is also asserted that to the best knowledge of the petitioners, no F.I.R. has been registered till date.
The petitioners claim that they have right of choice of their partner. Any interference with their personal relationship is a serious encroachment upon their right to freedom of choice.
In the aforesaid background, the petitioners have filed the instant petition praying for a mandamus directing the respondents not to interfere in their peaceful life.
Learned Standing Counsel appearing on behalf of the State- respondents could not dispute that in case the petitioners are major they have right of choice of their partner irrespective of their religious inclination.
Accordingly, the instant petition is disposed of with direction to the second respondent to ensure that the petitioners are not subjected to any harassment by respondent no. 4 or by any other person in connection with their relationship with each other. This order will, however, not be taken to mean that this Court has expressed any final opinion regarding the age of the petitioners as the findings are only prima facie in nature for the purposes of deciding the present controversy.
It is clarified that in case there is any F.I.R. registered against any of the petitioners, the instant order will not come in way of investigation.
(Deepak Verma,J.) (Manoj Kumar Gupta,J.) Order Date :- 20.9.2021 Meenu Digitally signed by Manoj Kumar Gupta Date: 2021.09.22 11:08:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Deepak Verma Date: 2021.09.22 11:10:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad