Allahabad High Court
Komal Kaur vs State Of U.P. Secy. Home & Ors. on 23 July, 2021
Bench: Ramesh Sinha, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 15492 of 2021
Petitioner :- Komal Kaur
Respondent :- State Of U.P. Secy. Home & Ors.
Counsel for Petitioner :- Gaurav Gupta,Nidhi Tiwari
Hon'ble Ramesh Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Shri Gaurav Gupta, learned counsel for the petitioner and Shri Arun Kumar Pandey, learned A.G.A. for the State-respondent Nos.1 to 3 and perused the material brought on record including the impugned F.I.R.
The present writ petition has been filed by the petitioner, Komal Kaur, seeking to issue a writ of mandamus directing the opposite parties Nos. 2 and 3 to ensure safety and security to the life and personal liberty of the petitioner.
Learned counsel for the petitioner has argued that both the petitioner and respondent no.4 are major and as such, they solemnized the marriage on 01.12.2018 as per the Muslim rites and rituals. They also got their marriage registered on 11.12.2018. He argued that at the time of marriage, the petitioner was aged about 26 years as is evident from the Marriage Registration Certificate issued by the Registrar (Stamp and Registration Department) and the Secondary School Marksheet contained as Annexure No.1, wherein the age of the petitioner has been shown as 11.12.1992. He argued that after marriage, the relationship of the petitioner and respondent no.4 were not cordial, therefore, respondent no.4 gave divorce to the petitioner with mutual consent. He also argued that when the father of respondent No.4, namely, Akhlaq Mohammad (respondent no.5 herein) came to know about the said divorce against the wishes of his community, the private respondents started giving threat to the petitioner and her family members, hence the instant writ petition has been filed by the petitioner.
Learned A.G.A. has drawn our attention towards the prayer made in the writ petition and argued that the instant writ petition for the relief sought by the petitioner is not maintainable and if the petitioner is having any threat from a particular person(s), she is having remedy to approach the appropriate forum as provided under law but instead of approaching the appropriate forum for redressal of her grievance, the petitioner has straightaway approached this Court under Article 226 of the Constitution of India.
When a pointed query being made by the Court from the learned counsel for the petitioner as to whether she has approached any authority with regard to her threat perception, learned Counsel for the petitioner instead of giving any specific reply to the said query has only stated that the case of the petitioner is fully covered by the case law of Lata Singh Vs. State of U.P. and others, AIR 2006 SC 2522 and Shaheen Parveen and another Vs. State of U.P. and others, (Writ -C No.48191 of 2010, passed by this Court at Allahabad).
After going through the pleadings and judgments as relied upon by learned counsel for the petitioner, we are of the opinion that the judgments cited by learned counsel for the petitioner are distinguishable from the facts and circumstances of the present case. Moreso, there is not a single iota of evidence which shows that with respect to the threat perception, the petitioner has ever been approached the authority concerned for ventilating her grievance.
The writ petition lacks merit and is, accordingly, dismissed.
However, liberty is granted to the petitioner to approach the appropriate forum in accordance with law for redressal of her grievance, if so desires.
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 :- 23.7.2021
ML/-
