Court No. - 29
Case :- WRIT - C No. - 42357 of 2019 Petitioner :- Somwati And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
The petitioners claim that they are husband and wife and have solemnized their marriage in Arya Samaj Mandir, Adarsh Colony, Muzaffarnagar on 31.01.2019 as per Hindu Customs and Rights. They are living together voluntarily and in a peaceful manner but the father of the petitioner no.1 i.e. respondent no.4 is unnecessarily harassing them and is interfering in their marriage life.
The petitioners, in paragraph no.5 have mentioned that petitioner no.1 was married with one Vipin S/o Sri Krishan resident of village-Shubri, P.S.-Nanauta, District Saharanpur but they decided to live separately and it is thereafter that the petitioner no.1 has married with petitioner no.2. Be as it may be, the fact remains that petitioner no.1 is a married woman and there is no decree of separation or divorce between her and Vipin Kumar them. Therefore, the aforesaid marriage still subsist and the petitioner no.1 cannot enter into a valid marriage with of petitioner no.2.
In such circumstances, if the father of the petitioner no.1 is checking the petitioner no.1 from having the illegal relationship, it does not amounts to harassment.
In case the petitioners feel that he is taking law into his hands and is not allowing them to live peacefully, the remedy of the petitioners is to lodge FIR against him or a complaint as may be advised whereupon the State machinary will swing into action and if necessary take action against the respondent no.4 or any other person who is found interfering in the married life of the petitioners.
In view of the aforesaid, the facts and circumstances of the case, we dispose of the writ petition expecting respondent nos.2 & 3 to ensure that no harm is caused to the life of the petitioners.
Order Date :- 20.12.2019 C. MANI