Hon'ble Jaspreet Singh,J.
The Court has been convened through Video Conferencing.
Heard Shri Dilip Kumar Pandey, learned counsel for the petitioners and Shri Shiv Nath Tilheri, learned AGA for the State.
This petition has been filed for a writ of mandamus commanding the respondents not to create unnecessary hindrance in the peaceful marital life of the petitioners and not to disturb their mental peace and personal life and liberty.
It has been alleged that both the petitioners are major and have married with each other out of their own free will. The age of petitioner no.1 is about 21 years and age of petitioner no.2 is about 24 years. As per her high school marks-sheet certificate, which is annexed as Annexure no.3 to the writ petition, date of birth of petitioner no.1 is 15.05.2000. There is no first information report 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 respondents 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 stands 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 Arnima