Petitioner filed writ seeking police protection for security of life and liberty after major wedlock. Court dismissed petition finding averments about parents opposing marriage bald and unsupported, denying basis for state security.
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Court No. - 43
Case :- WRIT - C No. - 18692 of 2020
Petitioner :- Smt. Sheetal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
None for the petitioners even when the list is revised. Sri Ashutosh Kumar Rai, learned Standing Counsel for the State is present.
According to the petitioners they are major and they have entered into wedlock on 11.09.2020. This petition has been filed seeking issuance of a writ, order or direction in the nature of mandamus, directing and commanding respondent nos. 2 and 3 to ensure and provide adequate security to the petitioners for their life and liberty.
Though, there are certain averments in regard to the rights of respondent no. 4 to not to disturb their marriage life in collusion with respondent no. 3, but the fact of the matter is that there is no basis for such threat perception and there is only one averment that father of the bride is annoyed with the marriage and is trying to get the marriage dissolved. Such kind of bald averment cannot form the basis for asking the authorities of the State to extend police protection.
Therefore petition being devoid of merits deserves to be dismissed and is dismissed . However, dismissal of the petition will not preclude them from getting their marriage registered in accordance with the provisions of law. It will not be out of place to mention that there is no compliance of the earlier order dated 19.11.2020 and 01.12.2020.
Order Date :- 9.12.2020
Vikram/-
3 issues framed by the court
Whether the petitioners are entitled to police protection from the State given average threats about marriage collusions.
Whether uncorroborated threats regarding marriage dissolution by bride's father justify issuance of writ for security.
Whether the petition seeking writ of mandamus for ensuring protection in inter-caste wedlock can be dismissed.
Smt. Sheetal and Another
State Of U.P.
Vivek Agarwal
As recorded by the court registry
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