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Nidhee Devi & Anr. vs State Of U.P. Thru Prin. Secretary ...

High Court Of Judicature at Allahabad|11 February, 2021

JUDGMENT / ORDER

Hon'ble Rajeev Singh,J.
Heard Sri Umesh Dixit, learned counsel for the petitioners, Sri D.S. Rana, learned A.G.A. for the State and perused the material brought on record.
The present writ petition has been filed by the petitioners, namely, Nidhee Devi & Neelu, seeking a writ of mandamus directing the opp. parties not to harass the petitioners and his family members and not to disturb the peaceful happy married life of the petitioners in any manner.
It has been argued by learned counsel for the petitioner that the both the petitioners are major and have married with each other out of their own volition on 5.1.2021 at Arya Samaj Mandir, Aliganj, Lucknow, copy of their marriage certificate is annexed as Annexure-3 to the writ petition. He further argued that the petitioner No.1-Smt. Nidhee Devi is a major girl about 21 years as per the School Leaving Certificate of Class-Vth in which her date of birth is mentioned as '1.1.2000', copy of which is annexed as Annexure No.1 to the writ petition. 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 opposite parties 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 stand discharged.
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Title

Nidhee Devi & Anr. vs State Of U.P. Thru Prin. Secretary ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
11 February, 2021
Judges
  • Ramesh Sinha
  • Rajeev Singh