Court No. - 86
Case :- WRIT - C No. - 27670 of 2021 Petitioner :- Smt. Nisha @ Nisha Khatoon Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Shivangi Bhargava,Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and learned standing counsel appearing for respondent nos. 1, 2 and 3 and perused the material placed on record.
Present writ petition has been filed with the prayer to issue a direction directing respondent no.1 to take necessary action on the petitioner's application moved on 01.09.2021.
The brief facts of the case are that petitioner has solemnized her marriage with Mohammad Asif on 04.09.2013, according to Muslim rites and custom. After the marriage in-laws of the petitioner were not happy and they always interfere in her married life and torture the petitioner. Earlier also, after her marriage with Mohammad Asif, petitioner approached this Court by means of Writ-C No.17790 of 2021 (Nisha alias Nisha Khatoon and another versus State of U.P. and others) in which following order was passed on 02.08.2021:
"Meanwhile, taking into consideration the law laid down by the Apex Court in Lata Singh vs. State of U.P. reported in A.I.R. 2006 SC 2522, it goes without saying that in case any interference with the marital life and liberty of the petitioners is made or any threat is extended to them, they shall be at liberty to approach the concerned Superintendent of Police/Senior Superintendent of Police, who shall examine petitioners' grievance and take all steps, as may be warranted in law, to ensure that life and liberty of the petitioners is not interfered with by private respondent.
The court has not gone into the validity of the marriage. It will be open for the parties to get their marriage registered in accordance with law within two months from date, if not already registered."
In view of aforesaid, there is no need for issuance of such a direction as has been prayed for by the petitioner. It is duty of Superintendent of Police,Moradabad to pass appropriate direction/order in the matter. There is no requirement to pass any direction alarming duty of Superintendent of Police, Moradabad.
Under the above circumstances, the writ petition is disposed of finally.
Order Date :- 25.10.2021 MN/-