Court No. - 26
Case :- WRIT - C No. - 56641 of 2017 Petitioner :- Saroja Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suneel Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
1. This writ petition has been filed praying for a mandamus to the respondents not to disturb the petitioners in their peaceful married life. The counsel for the petitioners states that both the petitioners are major and a photostat copy of High School Mark Sheets of both the petitioners have been filed at page No. 11 and 12 of the Paper Book of this writ petition and it is their case that they are legally entitled to marry with whomsoever they wish and lead their married life peacefully.
2. Learned counsel for the petitioners has placed reliance upon the judgment of this Court in Smt. Pooja and another vs State of U.P. and others 2013 (6) ADJ 225.
3. In Lata Singh vs. State of U.P., 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."
4. Since the petitioners have filed their copies of High School mark sheets and they appear to be major, it is hereby directed that the Investigating Officer shall forthwith produce the petitioner No. 1 before the Chief Judicial Magistrate concerned who shall record her statement under Section 164 Cr.P.C. and pass appropriate orders for her custody. In case, the petitioner No. 1 supports the story of the petitioner No. 2 and states before the Chief Judicial Magistrate concerned that she has married him out of her own free will and without fear or compulsion, then, the Chief Judicial Magistrate concerned shall take the same into account before passing any order. In any case, the petitioner No. 1 shall not be forced to live in the home meant for destitute women against her wishes.
5. This writ petition is disposed off.
Order Date :- 28.11.2017 LBY