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Mahebun Nisa And Others vs State Of U.P. And Others

High Court Of Judicature at Allahabad|29 June, 2010

JUDGMENT / ORDER

Hon'ble Rajesh Chandra,J.
Heard learned counsel for the petitioners. By this writ petition, the petitioners have prayed for a mandamus commanding the respondent not to harass or torture the petitioners in any manner and not to interfere in the peaceful happy married life of the petitioners. The petitioners case in this writ petition is that the petitioners who are majors, have performed their marriage. A perusal of the writ petition indicates that the allegations made are vague and general in nature. There are no such allegations in the writ petition on the basis of which, the writ petition can be entertain under Article 226 of the Constitution of India. The mere fact that the petitioners have got married cannot furnish any cause of action to the petitioners to file a writ petition under Article 226 of the Constitution of India. It is true that any two major persons are free to marry and live together, but unless there are sufficient materials or allegations, this Court in exercise of writ jurisdiction cannot entertain such a writ petition.
We, however, observe that if there is any kind of harassment or threat or any offence is committed against the petitioners, it is always open for them to take such action as permissible under the provisions of the Code of Criminal Procedure. The writ petition is disposed of with the aforesaid observations.
Order Date :- 29.6.2010 M/A.
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Title

Mahebun Nisa And Others vs State Of U.P. And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 June, 2010