Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Arun Kumar Tiwari, learned counsel for the petitioners and Shri Neeraj Srivastava, learned A.G.A. for the State/respondents no.1 to 3.
This petition has been filed by the petitioners- Manorama (converted name) @ Manno Bano, Satyam Porwal, seeking a writ of mandamus directing the respondents nos.1 to 3 to restrain the respondent no.4 regarding the harassment of the peaceful matrimonial life of the petitioners and provide adequate safety and security to them.
It has been argued by the learned counsel for the petitioners that both the petitioners are major. He further submits that petitioner no.1 has converted her religion from Muslim to Hindu, a copy of conversion certificate dated 21.01.2021 is annexed as Annexure No.3 to the writ petition. He further submits that the both the petitioners have married with each other out of their own free will on 11.08.2021 at Aarya Samaj Mandir Safedabad, Barabanki according to Hindu rights and rituals. The age of petitioner no.1-Manorama @ Manno Bano is about 19 years as per High School Marksheet contained in Annexure No.1 to the writ petition, her date of birth is mentioned as 15.12.2002, whereas age of the petitioner no.2- Satyam Porwal is 22 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.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 26.8.2021 Shubhankar