Hon'ble Mrs. Saroj Yadav,J.
Heard Smt. Arti Rawat, learned counsel for the petitioners and Smt. Meera Tripathi, learned A.G.A. for the State-respondents.
This petition has been filed by the petitioners- Kumari Neetu, Ravi Priyadarshi, seeking a writ of mandamus directing the respondents nos.2 and 3 to restrain the respondent no.4 regarding the harassment of the peaceful matrimonial life of the petitioners and not to disturb their mental peace and personal life and liberty.
It has been argued by the learned counsel for the petitioners that both the petitioners are major and have married with each other out of their own free will on 05.07.2021. The age of petitioner no.1- Kumari Neetu is about 26 years as per High School Marksheet contained in Annexure No.4 to the writ petition, her death of birth is mentioned as 03.06.1995, whereas age of the petitioner no.2- Ravi Priyadarshi is 27 years. There is no first information report lodged against the petitioners till date.
Learned counsel for the petitioners has relied upon the law laid down in paragraph 17 of Lata Singh Vs. State of U.P. and another : 2006 (5) SCC 475, which reads as under:-
"17..... 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 women or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone 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."
The petitioners have also pleaded for protection under Article 21 of the Constitution of India which guarantees liberty to lead life of their own with dignity.
The petition is, therefore, disposed of with a direction to the respondents not to interfere in peaceful life and liberty of the petitioners in any manner.
It is made clear that if any F.I.R. is already registered on the issue, the order passed by this Court shall automatically stands discharged.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Mrs. Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 27.7.2021 Shubhankar