Court No. - 49
Case :- WRIT - C No. - 29789 of 2019 Petitioner :- Pankaj Kumar And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Abhishek Mayank,Abhishek Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.
By means of present writ petition, the petitioners have prayed for a direction upon the respondents not to interfere with their peaceful married life by adopting coercive measures.
The petitioners claim to be major, and have married with their free will. They are living together as husband and wife.
A certificate of the Chief Medical Officer has been handed over to the learned counsel for the petitioner which shows that in the opinion of the Chief Medical Officer, the petitioner no.1 is 22 years of age.
It is alleged that the relatives of the petitioners are interfering in their peaceful married life.
Learned counsel for the petitioners submitted that this Court should issue the necessary directions in view of the decision of the Supreme Court in Lata Singh Vs. State of U.P. & Anr. (2006) 5 SCC 475.
It has been averred in the writ petition that no FIR has been lodged by the relatives of the petitioners.
Learned Standing Counsel, however, states that in the present matter the father of the second petitioner has already lodged a first information report.
In the aforesaid facts and circumstances, this Court is not inclined to interfere in the matter under Article 226 of Constitution of India. It will be open to the petitioners to appear before the concerned Magistrate to record their statements.
For a period of two weeks from today or till the statement of the petitioners is recorded under Section 164 Cr.P.C., whichever is earlier, the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the concerned Senior Superintendent of Police or Superintendent of Police with a certified copy of this order, who shall provide immediate protection to the petitioners. The petitioners may also assail the first information report.
The writ petition is disposed of with the aforesaid observations.
Learned Standing Counsel may take note of the fact that the Chief Medical Officer has sent the certificate directly to the Court No.49, High Court, Allahabad. Learned Standing Counsel to send a circular to the various Legal Departments to see that no such certificate or any communication is sent directly to the Court. It may either be sent to the Registry or to the learned Standing Counsel. The certificate may be taken on record.
Order Date :- 26.9.2019 GS (Siddhartha Varma, J.)