Disposed

Alisha Naz @ Aaliya Gupta and Another v. State of Up through Its Secretary Home Affairs Govt. of U.P. Lucknowand 4 Others

Allahabad HC10 Apr 2018WRIC/7447/2018

Case brief

AI extract

What is this about?

The Single Bench disposed of a writ petition where petitioners, claiming majority and marriage, sought protection from parental threats. Relying on a Division Bench judgment, the Court focused solely on securing safety and directed petitioners to approach police for protection without adjudicating the validity of their marriage or age.

What did the court decide?

Writ petition disposed of with liberty to petitioners to approach the Superintendent of Police under the held principles for protection against threats or torture.

Alisha Naz @ Aaliya Gupta and… — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 27

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Case :- WRIT - C No. - 7447 of 2018

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Petitioner :- Alisha Naz @ Aaliya Gupta And Another Respondent :- State Of Up Through Its Secretary Home Affairs Govt. Of U.P. Lucknowand 4 Others Counsel for Petitioner :- Rajendra Kumar Sonker,Rajendra Kumar Sonker,Rajnish Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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The petitioner has submitted a compliance affidavit showing deposit of Rs.1 lacs in LIC single premium endowment bond policy by the nomenclature plan has been taken out in favour of petitioner No.1 by petitioner No.2. The petitioner No. 2 has shown his bonafides, but more importantly the petitioners assert that they have attended the age of majority.

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Heard Shri Rajnish Pandey, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

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The petitioners claim to have attained the age of majority. They further claim to have got married. The petitioners have submitted a joint affidavit in support of the writ petition.

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Learned counsel for the petitioners contends that the marriage of the petitioners has been duly registered by the Marriage Registration Officer, District- Kanpur. The marriage registration certificate has been annexed in the compliance affidavit.

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Similar petitions has engaged the attention of the Division Bench of this Court. The judgement rendered by the Division Bench of this Court on 8.2.2017 in Writ-C No.7305 of 2013, ( Smt. Raj Kumari and another Vs. State of U.P. and others ), will guide the decision in this case. For ease of reference, the order of Division Bench of this Court is indicated hereunder:

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

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Petitioners claim to be of marriageable age on the relevant date and that they have married each other of their own freewill. Both the petitioners claim to be illiterate and hence they have not annexed any documentary proof of age. In case of necessity, the concerned police officer or the Magistrate shall get the age of petitioners verified in accordance with law.

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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

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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 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 they happen to be the parents of petitioners, against law. "

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In case, the respondent Nos. 4 & 5 or their adherents are threatening the petitioners, it is open to the petitioners to make an application to the Senior Superintendent of Police, DistrictKanpur Nagar. The Senior Superintendent of Police, Kanpur Nagar is directed to consider the same expeditiously and also take action in terms of the judgment of this Court rendered in the case of Smt. Raj Kumari (supra).

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With the aforesaid observations/directions, the writ petition is disposed of finally.

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Order Date :- 10.4.2018 Ravi Prakash

Alisha Naz @ Aaliya Gupta and Another v. State of Up through Its Secretary Home Affairs Govt. of U.P. Lucknowand 4 Others

Case brief

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Alisha Naz @ Aaliya Gupta and Another v. State of Up through Its Secretary Home Affairs Govt. of U.P. Lucknowand 4 Others

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