Disposed

Smt. Sayama Parveen and Another v. State of U.P. and 3 Others

Allahabad HC30 Jun 2021WRIC/8183/2021

Case brief

AI extract

What is this about?

Petitors filed a writ seeking restraint on alleged interference in their inter-caste marriage by private respondents. The High Court relied on Supreme Court precedents protecting liberty of major persons to marry, granted liberty to file recall if a First Information Report is lodged, and disposed of the petition without detailed findings on the merits.

What did the court decide?

The petition was disposed of. Liberty was granted to respondents to file a recall if an FIR is lodged.

Smt. Sayama Parveen and Another Vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2021)

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Court No. - 89

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Case :- WRIT - C No. - 8183 of 2021

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Petitioner :- Smt. Sayama Parveen And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Rajeev Misra,J.

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Heard Sri Sunil Kumar Mishra, learned counsel for the petitioners is available on video link and learned Standing Counsel representing respondents 1, 2 & 3 is also available.

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This petition has been filed by the petitioners for a direction upon the respondents not to interfere with their marital life and liberty. It is claimed that both petitioner nos.1 and 2 are major and have solemnized marriage out of their own free will. It is alleged that private respondent/s is interfering with their marital life and liberty.

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Law is settled that it is the right of married couple to live peacefully without any interference in case they are major. Hon'ble Supreme Court in Lata Singh Vs. State of U.P., AIR 2006 SC 2522 has already issued following directions in para17 which reads as Under:-

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"The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or interreligious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste

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or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."

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In view of the clear enunciation of law by the Hon'ble Apex Court in the above matter, it is obligatory for the concerned authorities to ensure compliance of the above directions in view of Article 141 of the Constitution of India. Above law has since been reiterated in Bhagwan Dass Vs. State (NCT of Delhi), (2011) 6 SCC 396 . In case petitioners face any genuine threat to their life and liberty, or they are harassed, contrary to law laid down in Lata Singh (supra) , it shall be open for them to approach the Senior Superintendent of Police of the District concerned and furnish necessary details in that regard, like proof of their majority, marriage and alleged harassment etc., who shall take all steps as may be required in law to ensure that petitioners' life and liberty are not interfered with, keeping in view the directions issued in Lata Singh (supra) . The filing of this petition or the order of its disposal, however, would not be treated as proof of marriage between the petitioners.

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Learned counsel for the petitioners states that petitioners have applied for registration of their marriage and they undertake to get it registered within four weeks.

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Since the writ petition is being decided at the stage of fresh motion itself and notice has not been issued to private respondent/s, as such, liberty is given to them to file a recall, in case any of the averments made in the writ petition are found to be incorrect, and this order shall stand automatically vacated, in case any First Information Report has been lodged in the matter.

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Subject to the observations made above, the writ petition stands disposed of.

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The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

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Order Date :- 30.6.2021 piyush

Smt. Sayama Parveen and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Sayama Parveen and Another v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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