Dismissed

Naina and Another v. State of U.P. and 3 Others

Allahabad HC21 Jun 2019WRIC/20403/2019

Case brief

AI extract

What is this about?

This writ petition by two adult major petitioners who had married by free will was disposed of. The court directed that they be allowed to live together without interference from anyone, including parents, and ordered police protection in case of disturbance. The order did not comment on the marriage's validity.

What did the court decide?

Direction that petitioners are at liberty to live together; no person shall interfere; police to provide protection if disturbance is caused.

Naina and Another Vs State of U.P. and 3… — Child Custody and Guardianship | Allahabad HC (2019)

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Court No. - 5

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Case :- WRIT - C No. - 20403 of 2019

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Petitioner :- Naina And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Murari Upadhyay Counsel for Respondent :- C.S.C.

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Hon'ble Surya Prakash Kesarwani,J.

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Heard Shri Shyam Murari Upadhyay, learned counsel for the petitioners and learned Standing Counsel for the respondent nos.1 to 3.

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It is stated that the petitioner no.1 is major. As per marriage certificate, she is about 21 years of age, a copy of which has been filed as Annexure-2 to the writ petition. It is further stated that the petitioner no.2 is also major and his date of birth is 01.01.1990 as per Aadhar Card, a copy of which is filed as Annexure-3 to the writ petition. It is also stated that both the petitioners have married with each other on 10.06.2019. It is further stated that the petitioners have married with each other by their own free will.

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Both the petitioners are present in the Court and they have been identified by their learned counsel. Both the petitioners appear to be major, as per averments made and the papers filed with the writ petition.

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The petitioners claim to be adult and married to each other of their own freewill, and for that they are being threatened and harassed.

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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.

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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 paragraph 28 and 29 of the said judgment, which reads as under :-

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"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

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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.

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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."

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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.

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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.

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Order Date :- 21.6.2019 Nitin Verma

Naina and Another v. State of U.P. and 3 Others

Case brief

What is this about?

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Naina and Another v. State of U.P. and 3 Others

Case brief

What is this about?

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