Court No. - 10
Case :- WRIT - C No. - 38924 of 2018 Petitioner :- Smt. Shilpi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Navin Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,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.
It is alleged that the father of first petitioner is 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. The allegations of harassment in the writ petition are based merely on the apprehensions.
Learned Standing Counsel states that in the present matter the first information report has already been registered.
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.
The writ petition is disposed of with the aforesaid observations.
Order Date :- 29.11.2018 RKP