Hon'ble Jaspreet Singh,J.
The Court has convened through video conferencing.
Heard Sri Shiv Sharan Singh, learned counsel for the petitioners and Mrs. Mira Tripathi, learned A.G.A. for the State and perused the material brought on record.
The present writ petition has been filed by the petitioners, Sandhya and Lalit, seeking a writ of mandamus directing the opposite parties no.4 not to interfere in their peaceful matrimonial life.
It has been alleged that both the petitioners are major and are married to each other with their own volition. The age of the victim-petitioner no.1 is about 19 years as per date of birth certificate which is annexed as Annexure-2 to the writ petition. Learned counsel for the petitioners argued that there is no F.I.R. lodged against the petitioners till date and he further relies upon the law laid down by the Apex Court in paragraph 17 in the case 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.
In view of the aforesaid, this Court is of the opinion that this writ petition can be disposed of with a direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner.
However, 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.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 Rakesh/-