Court No. - 10
Case :- WRIT - C No. - 10131 of 2019 Petitioner :- Rukhsana Tanzeela Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bed Kant Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Ref: Review/Recall Application The present recall application has been filed with the prayer to recall the order dated 28.03.2019. For ready reference, the order dated 28.03.2019 is quoted as under:-
"Heard learned counsel for the petitioners and Sri Arvind Kumar Singh, learned State Law Officer for the State respondents.
By means of present writ petition, the petitioners have prayed for direction in the nature of mandamus directing the respondents not to interfere in their peaceful matrimonial life.
Learned counsel for the petitioners submits that the petitioners are major and have solemnized their marriage with each other according to Muslim Rites and Custom on 17.11.2018 and also got their marriage registered on 12.3.2019. Copy of the certificate of their marriage registration is being filed as Annexure No. 2 to the writ petition.
Both the petitioners are present in the Court and are identified by learned counsel appearing for the petitioners. The petitioners claim to be adults and married to each other of their own freewill, and for that they are being threatened and harassed.
In Lata Singh vs. State of UP 2006 Cr.L.J. 3312, while dealing with a case of harassment by the parents of the boy and girl, who had entered into inter-caste marriage, Hon'ble Supreme Court has issued directions to the Administration/Police authorities throughout the country in the following terms:-
"This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter- religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage. 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 woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one 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."
In Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 Hon'ble Supreme Court held in paragraph 28 and 29 as under:-
"28. Often young couples who fall in love have to seek shelter in the police lines or protection homes, to avoid the wrath of kangaroo courts. We have held in Lata Singh case that there is nothing "honourable" in "honour" killings, and they are nothing but barbaric and brutal murders by bigoted persons with feudal minds. In our opinion honour killings, for whatever reason, come within the category of the rarest of rare cases deserving death punishment. It is time to stamp out these barbaric, feudal practices which are a slur on our nation. This is necessary as a deterrent for such outrageous, uncivilised behavior. All persons who are planning to perpetrate "honour" killings should know that the gallows await them.
29. Let a copy of this judgment be sent to the Registrars General/ Registrars of all the High Courts who shall circulate the same to all the Judges of the Courts. The Registrars General/ Registrars of the High Courts will also circulate copies of the same to all the Sessions Judges/ Additional Sessions Judges in the States/Union Territories. Copies of the judgment shall also be sent to all the Chief Secretaries/ Home Secretaries/ Directors General of Police of all States/ Union Territories in the country. The Home Secretaries and Directors General of Police will circulate the same to all SSPs/SPs in the States/Union Territories for information."
In view of the above, the writ petition is finally disposed of with the direction that 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.
However, this order in no way expresses opinion about the validity of their marriage and genuineness of their marriage certificate. This order shall not protect the petitioners against any action or proceedings pursuant to any F.I.R. or complaint case against them."
Learned counsel for the applicant informed to the Court that the present writ petition has been filed with material concealment as the applicant has also filed the contempt application no.1905/2019 for defiance of aforesaid order, whereby, protection was accorded to the petitioners. In the aforesaid contempt application, a detailed affidavit has been filed by Shri P.K. Pandey, learned Additional Chief Standing Counsel, wherein, it has been mentioned that petitioners have concealed material fact as the applicant no.1 has solemnized second marriage with one Sheezan Ahmad on 16.03.2019 and finally this Court vide order dated 24.07.2019 has dismissed the aforesaid contempt application with following observations:-
"In the present case, admittedly before approaching this Court on 16.03.2019, the marriage has been solemnized with Sheezan Ahmad on 16.03.2019 and the present order has been passed with concealment of material fact that second marriage has been solemnized with Sheezan Ahmad. It has also been brought to the notice of the Court that subsequently Sheezan Ahmad and other family members have proceeded to lodge the first information report against the applicant no.1 and her father.
In the facts and circumstances of the case, this Court is of the considered opinion that while filing the writ petition, the material concealment of fact has been done and as a consequence, the order dated 28.03.2019 has been procured. It has also been apprised to the Court that a recall application is likely to be filed for recall of the order dated 28.03.2019 before the writ court, in such a situation, this Court is not inclined to proceed any further in the contempt proceeding.
Consequently, the Contempt Application is dismissed. The presence of opposite parties are dispensed with."
In the facts and circumstances of the case, this Court is of the considered opinion that the order dated 28.03.2019 has been obtained by this Court with material concealment. Accordingly, the order dated 28.03.2019 is recalled. The Review/Recall application is allowed.
Consequently, the Writ Petition is dismissed.
Order Date :- 26.7.2019 A. Pandey