Hon'ble Rajeev Singh,J.
Heard Sri H.C.Yadav, learned counsel for the petitioners, Sri S.P. Singh, learned AGA for the State as well as material brought on record.
The present writ petition has been filed by the petitioners, namely, Poonam Kumari and Dablu, seeking a writ of mandamus directing the opp. parties not to harass the petitioners and not to interfere in peaceful matrimonial life of the petitioners.
Learned counsel for the petitioners submits that the victim-petitioner no.1, namely, Poonam Kumari is a major girl aged about 21 years as per the High School Certificate in which her date of birth is mentioned as '4.4.2000', copy of which is annexed as Annexure-1 to the writ petition. The petitioner no.2, namely, Dablu is also a major boy aged about 21 years as per the Adhar Card, copy of which is annexed as Annexures-2 to the writ petition is also a major boy aged about 22 years. He further argued submits that there was love affair between the petitioners and petitioner no.1 is living with petitioner no.2 in live-in relationship and she has also given her statement on oath in Notary Affidavit dated 7.1.2021 regarding the same.
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.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 NS