Allahabad High Court
Smt. Kajal Awasthi Thru. Her ... vs State Of U.P. Thru. Secy. Dept. Of ... on 18 May, 2022
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- HABEAS CORPUS WRIT PETITION No. - 55 of 2022
Petitioner :- Smt. Kajal Awasthi Thru. Her Husband Sri Vikas Kumar Mishra
Respondent :- State Of U.P. Thru. Secy. Dept. Of Home Lko. And Others
Counsel for Petitioner :- Rajat Pratap Singh
Counsel for Respondent :- G.A.,Raghunath Prasad
Hon'ble Vikas Kunvar Srivastav,J.
Pursuant to the order of this Court dated 29.03.2022, Smt. Kajal Awasthi alongwith her next friend Vikas Kumar Mishra appeared together before the Court. Learned counsel Sri Rajat Pratap Singh, Advocate is also present on their behalf and informs the Court that they are cohabiting as husband and wife in the village Bharamau, Police Station Baghauli, District Hardoi.
The couple, namely, Smt. Kajal Awasthi and Vikas Kumar Mishra both are identified by their counsel Sri Rajat Pratap Singh, Advocate. Learned counsel submitted that there is no need to proceed further in the petition.
The age of Smt. Kajal Awasthi is verified from the pleadings of the petition and the High School passing certificate, Annexure-2, which shows the date of birth of Smt. Kajal Awasthi is 12.07.1997. The marriage certificate issued by 'Arya Samaj Temple Yasinpur, Hardoi dated 18.08.2021 is also filed to the effect of solemnization of the marriage of detenue Smt. Kajal Awasthi with the alleged husband, the next friend Vikas Kumar Mishra.
In the context of above facts and circumstances, as revealed from the record and from the statement of the detenue Smt. Kajal Awasthi, since she is adult, she has right to marry with a man of her choice and also to live with anyone of her choice, anywhere where she wants, in view of the judgment of Hon'ble Apex Court in the case of Lata Singh Vs. State of U.P. and Others reported in [AIR 2006 SC 2522], wherein Hon'ble Apex Court in the case Lata Singh (supra) has held as under:
"................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 interreligious 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."
In the light of above, the petition is disposed of with direction to opposite parties that they shall not interfere in the peaceful life of the the aforesaid couple, living as husband and wife after the marriage in 'Arya Samaj Temple Yasinpur, Hardoi on 18.08.2021.
Order Date :- 18.5.2022
kkv/
