Allahabad High Court
Nargish Bano And Another vs State Of U.P. And 3 Others on 18 August, 2022
Bench: Sangeeta Chandra, Gajendra Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 23537 of 2022
Petitioner :- Nargish Bano And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Satyendra Kumar Singh,Prince Kumar Srivastava
Counsel for Respondent :- CSC
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the petitioners and learned counsel for the respondents.
This petition has been filed praying for a mandamus to be issued to the respondent nos.2 and 3 to give protection to the petitioners and to facilitate them to lead their life peacefully.
It is the case of the petitioners that petitioner no.1 is Muslim and the petitioner No.2 is Hindu, because of the petitioners belonging two different religions, they cannot marry each other without the permission of the District Magistrate. Petitioner no.1 has already made an application to the District Magistrate to grant permission for marriage, but because of the terror of respondent no.4 and other relatives, she has not been able to pursue her application and, therefore, could not get married. However, the petitioner nos. 1 and 2 are living together as husband and wife out of their own free will. The respondent no.4 is the father of the petitioner no.1 and he is terrorising the petitioners, hence, this petition has been filed praying for grant of security.
Learned counsel for the petitioners has placed reliance upon a Division Bench judgment of this Court dated 23.11.2020 passed in Writ-C No.11108 of 2020 (Kamini Devi and another Vs. State of U.P. and 4 others) where, this Court had entertained a petition filed by a couple living together as husband and wife without marriage. They have come before this Court seeking protection and security from their relatives. The Court had placed reliance upon a judgment rendered in Lata Singh Vs. State of U.P. and others; (2006) 2 SCC (Crl.) 478 where, it was observed that live-in relationship between two consenting adults does not amount to any offence and cannot be perceived as immoral. This Court had also observed that the Domestic Violence Act provides for remedies in civil law for protection of women living in such relationship and has defined domestic relationship as not only a relationship between two married persons but also two persons who live or have lived together at any point of time in a shared household, in a relationship in the nature of marriage. This Court after referring several judgments of the Supreme Court and of Foreign Courts had observed that when a boy and a girl are major and are living together out of their own sweet will no one including their parents, have any right to interfere in such living together. The Court had disposed of the writ petition with a direction to the respondents not to permit any person to interfere in their peaceful living and if any disturbance is caused, the writ petitioners were directed to approach the Senior Superintendent of Police of the district concerned with a copy of the court's order, who shall provide immediate protection to the petitioners.
Learned counsel for the petitioners prays that benefit of parity be given of the order passed by a Division Bench of this Court in case of Kamini Devi and another (supra).
This petition is disposed off with a direction to the petitioners to file an appropriate application to the Senior Superintendent of Police, Varanasi, in case they are threatened by the respondent no.4. Petitioners shall also be at liberty to lodge a First Information Report against the respondent no.4 and, in case First Information Report is lodged by the petitioners, then S.S.P., Varanasi shall ensure that respondent no.4 does not interfere in the peaceful living of the petitioners.
Order Date :- 18.8.2022
Ashutosh
