Held that two major couples legally married out of free will cannot be interfered with by their parents or others. Court directed authorities to allow them to live peacefully without disturbance.
Petitioners at liberty to live together; no interference permitted; police to provide protection if disturbed.
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Court No. - 7
Case :- WRIT - C No. - 20932 of 2018
Petitioner :- Smt. Anjali And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Gautam Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Rajesh Kumar Gautam, learned counsel for the petitioners and Sri Mata Prasad, learned Standing Counsel for the State-respondents.
Learned standing counsel states that pursuant to order dated 1.6.2018, he has received instructions from respondent nos. 3 and 4. As per instructions of the State-respondents, the petitioner no.2 and the respondent no.5 are residing at the address given in the writ petition. Notice has also been served upon the respondent no.5, as per report of the Chief Judicial Magistrate-Vth, Jhansi, dated 6.6.2018. No one appears on behalf of the respondent no.5.
As per alleged photostat copies of Adhar Cards collectively filed as Annexure-1, the date of birth of the petitioner No.1 is 1.1.1998 and the date of birth of the petitioner No.2 is 15.04.1992.
Both the petitioners are present in Court and have stated that they have married with each other out of their own free will on 28.5.2018.
In the case of Deepika and another Vs. State of U.P. and others, 2013 (9) ADJ 534 , this Court having analysed the law laid down by the Apex Court as well as by this Court in the cases cited in the judgment, held that where a boy and a girl are major and they are living with their free will, then, nobody including their parents, has no authority to interfere with their living together.
In the said case the Court also relied on the judgment of the Supreme Court in Bhagwan Dass v. State (NCT of Delhi),
(2011) 6 SCC 396 , it is apt to extract relevant paragraphs 28 and 29 of the said judgment, which reads 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."
In view of the above, the writ petition is finally disposed of with a direction that petitioners are at liberty to live together. 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.
However, this order in no way expresses opinion about the validity of their marriage. This order shall not protect the petitioners against any action or proceedings pursuant to any F.I.R. or complaint case against him/her/them.
Order Date :- 7.6.2018 Ak/
3 issues framed by the court
Whether young major couples can resist interference in their marriage and peaceful living.
Whether police can prevent couples from living together after marriage.
Protection against external interference in marital life without affecting validity.
Colour shows how this judgement treated each authority
Deepika and another Vs. State of U.P.Followed¶9
Deepika and another Vs. State of U.P. and others, 2013 (9) ADJ 534
Bhagwan Dass v. State (NCT of Delhi)Relied on¶10
Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 · Who else cites this
Smt. Anjali and Another
State Of U.P.
4 Others
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
