Hon'ble Ravi Nath Tilhari,J.
Heard Shri Rakesh Dwivedi, learned counsel for the petitioners and Shri Aruendra, learned A.G.A. 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 argued by the learned Counsel for the petitioners that petitioner no.1-Saroj has left her matrimonial house after the death of her husband, namely, Late Badari and got marriage with petitioner no.2-Sarwan Kumar on 18.06.2021. He argued that both the petitioners are major. The petitioner no.1-Saroj is aged about 43 years as is evident from the medical report of the Chief Medical Officer, a copy of which has been annexed with the supplementary affidavit filed in the Registry of this Court on 16.07.2021 in compliance of the order dated 13.07.2021. There is no first information report lodged against the petitioners till date.
It transpires from the record that the supplementary affidavit, which is said to be filed by the petitioners on 16.07.2021, is not on record.
Registry is directed to trace the supplementary affidavit and place it on record.
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 :- 28.7.2021 Ajit/-