Disposed

Smt. Sangeeta and Another v. State of U P and 3 Others

Allahabad HC25 Jun 2018WRIC/22025/2018

Case brief

AI extract

What is this about?

This writ petition addresses the safety of adult couples living together against parental threats. The court directs police to protect them after verifying adulthood, noting the order does not validate the marriage.

What did the court decide?

Petitioners granted liberty to approach Senior Superintendent of Police with this order for protection against threats or torture by any person, including parents.

Smt. Sangeeta and Another Vs State of U P… — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 33

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Case :- WRIT - C No. - 22025 of 2018

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Petitioner :- Smt. Sangeeta And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Pushpendra Singh Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J.

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Heard learned counsel for the writ petitioners and learned counsel for the State.

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Both the petitioners are present in the Court. Petitioners have annexed documents relating to their age in support of their plea that both are adults and that they have married each other of their own freewill.

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This case is not different from large number of similar cases coming to this Court wherein young girl and boy claim to be adults and raise a grievance that they have married or are living with each other of their own freewill and for that, they are being threatened and harassed by parents of one or other party generally in connivance with or with support of local police.

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In cases where criminal case is lodged by parents of girl alleging that she is a minor or she has been kidnapped for immoral purposes, Police has a duty to investigate the case seriously, so that no crime is committed against a young girl, but in other situation, where the girl is adult and has chosen to live as wife with another adult of her own freewill, the Police is required to give due protection and ensure that no harm is caused to such young couple only because the parents do not approve the decision of their children to marry as per their choice although the children have become adults.

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Disposal of writ petition in such cases may not be construed as grant of certificate by this Court that the alleged marriage is valid and in accordance with law, but nonetheless where girl and boy are adults and they are living together of their own freewill, the Police must give due protection after making enquiry in respect of claim of their age. Once the girl and boy are found to be adults, it is the duty of the Police as well as the Civil Society to ensure that they are not put to fear of their lives or liberty.

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In the present case, both the petitioners have claimed themselves to be adults and married to each other of their own freewill. The writ petition is, therefore, disposed of with liberty to petitioners to approach the concerned Superintendent of Police or Senior Superintendent of Police with a certified copy of this order, so that petitioners are not threatened or tortured by any person, even if

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they happen to be parents of petitioners, against law.

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It is made clear that this order is being passed under the assumption that no First Information Report has been lodged in respect to kidnapping or abduction of the girl including other offences arising out of such kidnapping or abduction. If, any such First Information Report has already been lodged against the petitioner(s), this order will become inoperative.

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(Manoj Kumar Gupta, J.)

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Order Date :- 25.6.2018 AM/-

Smt. Sangeeta and Another v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Sangeeta and Another v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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