Allahabad High Court
Muskan And Another vs State Of U.P. And 3 Others on 25 August, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:147271
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 27152 of 2025
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri Rakesh Chandra Tiwari, learned counsel for petitioners and Sri Arvind Kumar Singh, learned Standing Counsel for the State-respondents.
2. This petition has been preferred seeking the following relief:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to issue an ad-interim mandamus commanding the respondents not to interfere or disturb the peaceful life of the petitioners and further not harass the family members of the petitioner."
3. It is the case of the petitioners that both are major and are well known to each other. Both the petitioners are belong to different caste and when the decided to solemnize their marriage under the provisions of Special Marriage Act against the wishes of respondent no.4, they are being threatened and harassed by him with the collusion of local police. Learned counsel for petitioners further submitted that in pursuance of the hindrances being created by respondent no.4, petitioners moved a representation before Senior Superintendent of Police, Saharanpur but no heed has been paid, hence this petition.
4. For ascertaining the facts as mentioned in this petition, this Court vide its order dated 20.08.2025, directed the petitioners to appear in person before this Court and in compliance of the same, today, both the petitioners are present in person before this Court and supported the aforesaid facts as mentioned in the writ petition.
5. Although learned Standing Counsel opposed the prayer as sought through the instant petition but did not dispute the said facts and at the same time, apprised the Court that there are need of at least two identity proof such as age proof and certificate of permanent resident of concerned district with specific address for the purposes of solemnization of marriage under the Special Marriage Act.
6. Petitioner no.2 himself submitted that the said documents are not available with him and the same have to be procured from the concerned district i.e. Saharanpur.
7. After having the submissions advanced by learned counsel for parties, it appears that respondent no.4 is creating disturbance in solemnization of petitioners and while dealing with a case of harassment by the parents of the boy and girl, Hon'ble the Supreme Court in the case of Lata Singh vs. State of UP [2006 Cr.L.J. 3312], had 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."
In Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396, Hon'ble the Supreme Court held in paragraph 28 and 29 as under:-
"28. ..... Often young couples who fall in love have to seek shelter in the police lines or protection homes, to avoid the wrath of kangaroo courts. We have held in Lata Singh case that there is nothing "honourable" in "honour" killings, and they are nothing but barbaric and brutal murders by bigoted persons with feudal minds. In our opinion honour killings, for whatever reason, come within the category of the rarest of rare cases deserving death punishment. It is time to stamp out these barbaric, feudal practices which are a slur on our nation. This is necessary as a deterrent for such outrageous, uncivilised behavior. All persons who are planning to perpetrate "honour" killings should know that the gallows await them.
29. Let a copy of this judgment be sent to the Registrars General/ Registrars of all the High Courts who shall circulate the same to all the Judges of the Courts. The Registrars General/ Registrars of the High Courts will also circulate copies of the same to all the Sessions Judges/ Additional Sessions Judges in the States/Union Territories. Copies of the judgment shall also be sent to all the Chief Secretaries/ Home Secretaries/ Directors General of Police of all States/ Union Territories in the country. The Home Secretaries and Directors General of Police will circulate the same to all SSPs/SPs in the States/Union Territories for information."
8. In view thereof, learned Standing Counsel is hereby requested to intimate this order to Commissioner of Prayagraj, Commissionerate Prayagraj to provide police protection in favour of petitioners in shape of deputing one lady Constable and one male Sub Inspector who shall ensure the safety of petitioners up to the destination of petitioner no.2 i.e. Saharanpur as mentioned in the instant petition.
9. Senior Superintendent of Police, Saharanpur is also directed to provide the same protection in favour of petitioners for enabling them to register their marriage under the Special Marriage Act before concerned Registrar Marriages at Saharanpur. It is also made clear that the said protection shall be applicable in favour of petitioners till three months from today so that them may obtain their certificate of marriage.
10. Registrar (Compliance) is hereby directed to ensure service of this order upon Commissioner of Prayagraj, Commissionerate Prayagraj and Senior Superintendent of Police, Saharanpur within six hours for necessary compliance.
11. The instant application is disposed of accordingly.
August 25, 2025
Vivek Kr.
