Partly allowed

Smt. Swati Khulbe and Another v. State of U.P. and 2 Others

Allahabad HC25 Jun 2019WRIC/20619/2019

Case brief

AI extract

What is this about?

The Court granted protection to two adult petitioners allowing them to live together. The Court directed the Senior Superintendent of Police, Muzaffar Nagar, to provide immediate protection if disturbed, clarifying that the order does not adjudicate on the validity of their marriage.

What did the court decide?

Liberty granted to private respondent to file recall application if documents are forged; police directed to provide protection if petitioners' peaceful living is disturbed.

Smt. Swati Khulbe and Another Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 35

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Case :- WRIT - C No. - 20619 of 2019

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Petitioner :- Smt. Swati Khulbe And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Sri Atul Kumar, learned counsel for the petitioners and learned standing counsel for the State.

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Present petition has been filed by the petitioners claiming protection of their lives and liberty as they have married of their own free will and are adults and are living together. The averments made in the petition are supported by the joint affidavit of the petitioners. Further, it is stated that private respondent and other family members have got annoyed and there is serious danger to the lives of the petitioners as they are being threatened and harassed.

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In support of their age, petitioner no.1 has brought on record her High School Certificate wherein her date of birth is shown as 6.10.1995 and petitioner no.2 has brought on record his High School Certificate wherein his date of birth is shown as 15.11.1987. Thus, it appears from the record that both the petitioners are major.

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The petitioners have already brought on record the certificate of registration of their marriage.

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The petitioners have averred in the writ petition that they are living as wife and husband. It is stated that they have apprehension that private respondent can eliminate them for the honour of her family. In case this Court does not grant them protection, their lives may be endangered.

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In view of the order proposed to be passed, there is no need to issue notice to private respondent. With the consent of learned counsel appearing for the parties, this writ petition is being disposed of finally at this stage in terms of the Rules of the Court.

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The Supreme Court in a long line of decisions has settled the law that where a boy and a girl are major and they are living with their free will, then, nobody including their parents, has authority to interfere with their living together. Reference may be made to the judgements of the Supreme Court in the cases of Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234; Lata Singh v. State of U.P. and another, (2006) 5 SCC 475; and, Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396, which have consistently been followed by the Supreme Court and this Court, as well as of this Court in Deepika and another v. State of U.P. and others, 2013 (9) ADJ

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534. The Supreme Court in Gian Devi (supra) has held as under:

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"7. ... Whatever may be the date of birth of the petitioner, the fact remains that she is at present more than 18 years of age. As the petitioner is sui juris no fetters can be placed upon her choice of the person with whom she is to stay, nor can any restriction be imposed regarding the place where she should stay. The court or the relatives of the petitioner can also not substitute their opinion or preference for that of the petitioner in such a matter."

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Having regard to the facts and circumstances of the case, I am of the view that the petitioners are at liberty to live together and 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 Senior Superintendent of Police, Muzaffar Nagar i.e. respondent no. 2 respectively, with a certified copy of this order, who shall provide immediate protection to the petitioners.

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A liberty is granted to the private respondent that if the documents brought on the record are fabricated or forged, it will be open to his/her to file a recall application for recall of this order.

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It is made clear that this Court has not adjudicated upon the alleged marriage of the petitioners and this order in no way expresses opinion about the validity of their marriage.

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With the aforesaid observations, the writ petition is partly allowed . No order as to costs.

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Order Date :- 25.6.2019 S. Singh

Smt. Swati Khulbe and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Smt. Swati Khulbe and Another v. State of U.P. and 2 Others

Case brief

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