Smt. Kajal Kiran And Another vs State Of U.P. And 3 Others
2017 Latest Caselaw 6440 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - C No. - 52191 of 2017
 

 
Petitioner :- Smt. Kajal Kiran And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Pradeep Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

1. This writ petition has been filed praying for a mandamus to the respondents not to disturb the petitioners in their peaceful married life. The petitioners are both major and they married out of their own freewill, but the family of the petitioners is opposing the said marriage. Photocopies of High School certificates of petitioners have been filed as age proof.

2. Learned counsel for the petitioners has placed reliance upon the judgment of this Court in Smt. Pooja and another vs State of U.P. and others 2013 (6) ADJ 225.

3. In Lata Singh vs. State of U.P., 2006 Cr.L.J. 3312, while dealing with a case of harassment by the parents of the boy and girl, who had entered into inter-caste marriage, Hon'ble Supreme Court has issued directions to the Administration/Police authorities throughout the country in the following terms:-

"This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage. 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 woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one 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."

4. In case the petitioners are legally entitled to marry, they may appear before the Registrar (Marriages) and get their marriage registered under the U.P. Marriages Registration Rules, 2017.

5. This writ petition is disposed of with a direction to the respondent No. 2, Superintendent of Police, Maharajganj that in case the petitioners appear before him with a copy of the order passed today by this Court and the marriage registration certificate, he shall ensure that their peaceful married life is not disturbed.

6. It is further made clear that if the petitioners are wanted in some criminal case by any competent court, then this order shall not mean for protection of petitioners from arrest in such a case.

Order Date :- 7.11.2017

LBY