Dhananjay Kumar Tiwari And ... vs State Of U.P. And 2 Others
2016 Latest Caselaw 3540 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 28724 of 2016
 
Petitioner :- Dhananjay Kumar Tiwari And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Devesh Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioners have preferred this writ petition for the following reliefs:-

"(i) issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 not to interfere in the peaceful and married life of the petitionrs.

(ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 and his subordinate officers not take any coercive measure against the petitioners."

The petitioners are present in the Court and are identified by the learned counsel appearing for the petitioners.

The petitioners claim that they are adults and they have married with each other out of their own free will. In support of their age, the petitioners have brought on record documents and educational certificates. The petitioner no.1 has filed his Certificate of High School Examination 2006, which indicates that his date of birth is 10th August, 1991. The petitioner no.2 has also brought on record her Mark sheet of High School Examination, 2014, according to which her date of birth is 11th January, 1998. Thus, it appears from the record that both the petitioners are major.

Their grievance is that since they have married voluntarily, the respondent no. 3 is threatening them for a dire consequences. They are seeking the protection of this Court under Article 226 of the Constitution of India.

The Supreme Court in a long line of decisions has settled the law that where a boy and a girl are major and they are living with their free will, then, nobody including their parents, has authority to interfere with their living together. Reference may be made to the judgment of the Supreme Court in the cases of Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234, Lata Singh V. State of U.P. and another, (2006) 5 SCC 475 and  Bhagwan Dass v. State (NCT of Delhi),  (2011) 6 SCC 396, which have consistently been followed by the Supreme Court and this Court.

Issue notice to respondent no.3 returnable on 10.08.2016. Notice will indicate that the respondent no. 3 may file counter affidavit by the next date.

Steps be taken within ten days.

List this case on 10.08.2016.

Till then the respondent nos. 2 is directed to provide protection to the lives of the petitioners.

Order Date :- 16.6.2016

AU