Allahabad High Court
Radhika Agarwal And Another vs State Of U.P. And 3 Others on 1 August, 2019
Bench: Siddhartha Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 49
Case :- WRIT - C No. - 24901 of 2019
Petitioner :- Radhika Agarwal And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shivendra Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.
The Vakalatnama filed by Sri Kshitij Shailendra on behalf of respondent no.4 be taken on record.
By means of present writ petition, the petitioners have prayed for a direction upon the respondents not to interfere with their peaceful married life by adopting coercive measures.
The petitioners claim to be major, and have married with their free will. They are living together as husband and wife.
It is alleged that the father of first petitioner is interfering in their peaceful married life.
Learned counsel for the petitioners submitted that this Court should issue the necessary directions in view of the decision of the Supreme Court in Lata Singh Vs. State of U.P. & Anr. (2006) 5 SCC 475.
It has been averred in the writ petition that no FIR has been lodged by the relatives of the petitioners.
Learned Standing Counsel, however, states that in the present matter the father of the first petitioner has already lodged a first information report.
In the aforesaid facts and circumstances, this Court is not inclined to interfere in the matter under Article 226 of Constitution of India. It will be open to the petitioners to appear before the concerned Magistrate to record their statements.
For a period of two weeks from today or till the statement of the petitioners is recorded under Section 164 Cr.P.C., whichever is earlier, the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the concerned Senior Superintendent of Police or Superintendent of Police with a certified copy of this order, who shall provide immediate protection to the petitioners. The petitioners may also assail the first information report.
I have gone through the facts of the case and find that even though the petitioner no.1 is properly educated, the petitioner no.2 has not passed his High-School examination. It shall, therefore, be in the interest of justice that petitioner no.2 may get a Fixed Deposit of Rs.60,000/- of a nationalized bank prepared within one month in favour of petitioner no.1.
The writ petition is disposed of with the aforesaid observations.
Order Date :- 1.8.2019
GS
(Siddhartha Varma, J.)
