Allowed

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

Allahabad HC13 Jul 2022WRIC/18086/2022

Case brief

AI extract

What is this about?

In a writ petition, the petitioner couple, claiming to be major and in a live-in relationship, sought a direction to prevent harassment by the respondent brother. The Court issued a preliminary direction ensuring no interference, clarifying findings on age were prima facie.

What did the court decide?

Direction to the second respondent to ensure petitioners are not subjected to harassment by respondent no. 4 or any other person.

Bindu and Another Vs State of U.P. and 3 Others — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 18086 of 2022

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Petitioner :- Bindu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sufia Saba,Abdul Majeed Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Chandra Kumar Rai,J.

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Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

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The petitioners claim that they are in love with each other. They belong to different religion and the said fact is not acceptable to respondent no. 4, brother of petitioner no. 1.

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The case of the petitioners is that both of them are major. It is alleged that date of birth of petitioner no. 1, as per High School Mark-sheet is 5.7.1997 and that of petitioner no. 2 as per Aadhar Card is 1.10.1991 and thus, they are 25 and 31 years of age, respectively.

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It is categorically stated in the petition that the petitioners are living together out of their sweet will without any pressure from any one. Petitioners are doing the work of bakery together and are earning about Rs.55,000/- per month. Respondent no. 4 after coming to know that the petitioners are staying under one roof in live-inrelationship, is harassing them.

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The petitioners claim that they have right of choice of their partner. Any interference with their personal relationship is a serious encroachment upon their right to freedom of choice.

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In the aforesaid background, the petitioners have filed the instant petition praying for a mandamus directing the respondents not to interfere in their peaceful life in any manner whatsoever.

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Learned Standing Counsel appearing on behalf of the State-respondents could not dispute that in case the petitioners are major they have right of choice of their partner irrespective of their religious inclination.

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Accordingly, the instant petition is disposed of with direction to the second respondent to ensure that the

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petitioners are not subjected to any harassment by respondent no. 4 or by any other person in connection with their relationship with each other. This order will, however, not be taken to mean that this Court has expressed any final opinion regarding the age of the petitioners as the findings are only prima facie in nature for the purposes of deciding the present controversy.

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It is clarified that in case there is any F.I.R. registered against any of the petitioners, the instant order will not come in way of investigation.

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Order Date :- 13.7.2022 C.Prakash

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(Chandra Kumar Rai, J.) (Manoj Kumar Gupta, J.)

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Digitally signed by CHANDRA PRAKASH Date: 2022.07.14 16:35:30 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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