Hon'ble Rajeev Singh,J.
Heard Piyush Kumar Tripathi holding brief of Sri Manoj Kumar Mishra, learned counsel for the petitioners, Sri U.C. Verma I, learned AGA for the State and perused the material brought on record.
The present writ petition has been filed by the petitioners, Smt. Deepa Pandey and Subham Kumar Mishra, seeking a writ of mandamus directing the opp. parties no. 3 not to interfere in peaceful matrimonial life of the petitioners.
It has been alleged that both the petitioners are major and have married with each other out of their own volition. The age of the victim-petitioner no.1 is about 22 years as per High School Certificate which is annexed as Annexure-1 to the writ petition. There is no F.I.R. lodged against the petitioners till date.
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.
Order Date :- 7.5.2021 NS/Amit/VKS