Court No. - 74
Case :- WRIT - C No. - 12604 of 2021 Petitioner :- Kusum Lata And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mashaluddin Shah Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J. (Order on Writ Petition)
Learned Counsel for the petitioners is directed to correct the serial number of the parties in the array of the writ petition and the stay application, if required, within 24 hours.
The first and the second petitioners are, prima facie adults, who have married in accordance with Hindu rites, according to their freewill. The fourth respondent is the first petitioner Kusum Lata's father, and in connivance with the Station House Officer, Police Station - Basai, District - Firozabad is harassing the petitioners and seeking to get them illegally arrested by the Police, so as to forcibly take away the first petitioner, Kusum Lata back home, violating the marital bond.
Admit. Issue notice.
Notice is made returnable on 28.06.2021.
Steps to serve respondent no. 4, Roshanlal, be taken within a week. Service on the said respondent be made within four weeks.
Learned Standing Counsel will file a counter affidavit within the same period of time.
List in the additional cause list on 28.06.2021, along with a report regarding service, status of pleadings and postal track record.
(Order on Stay Application) Issue notice.
Until further orders, the Senior Superintendent of Police, Firozabad and the Station House Officer, Police Station - Basai, District - Firozabad are restrained from arresting the petitioners, or otherwise disturbing their peaceful married life together in any manner, or pay them domiciliary visits, and the fourth respondent, Roshanlal, son of late Bhagwandas, is restrained from entering the matrimonial home of the petitioners, or otherwise interfering with the peaceful married life, directly or through the agency of any other person or the Police.
Let this order be communicated to the Senior Superintendent of Police, Firozabad, the Station House Officer, Police Station - Basai, District - Firozabad and respondent no. 4, Roshanlal, son of late Bhagwandas, resident of Village and Post Bilahana, Police Station - Basai Mohammadpur, District - Firozabad, through the Chief Judicial Magistrate, Firozabad, by the Joint Registrar (Compliance), within next 24 hours.
Order Date :- 24.5.2021 I. Batabyal Digitally signed by Jahangir Jamshed Munir Date: 2021.05.25 18:28:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad