Smt. Prabhawati and Another v. State of U.P. and 3 Others
Case brief
What is this about?
Petitioners sought mandamus against harassment by relatives regarding their inter-religious live-in relationship. The court, finding they are prima facie majors with right to choice, directed the State to ensure no harassment, clarifying the order does not preclude investigation or imply a final opinion on age.
What did the court decide?
Direction to second respondent to ensure petitioners are not subjected to harassment by respondent no. 4 or any other person.
What the court decided
Court No. - 21
Case :- WRIT - C No. - 19081 of 2022
Petitioner :- Smt. Prabhawati And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Nath Counsel for Respondent :- CSC
Hon'ble Manoj Kumar Gupta,J. Hon'ble Chandra Kumar Rai,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
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, father of petitioner no. 1.
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 25.10.1991 and that of petitioner no. 2 as per Aadhar Card is 02.12.1988 and thus, they are 31 and 34 years of age, respectively.
It is categorically stated in the petition that the petitioners are living together out of their sweet will without any pressure from any one. Petitioner no.2 is doing the work of vehicle operator and is earning about Rs.15,000/- per month. Respondent no. 4 after coming to know that the petitioners are staying under one roof in live-inrelationship, is harassing them.
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.
Issues for consideration
3 issues framed by the court
Whether petitioners major and living together have a right to choice of partner without religious interference.
Whether court can direct respondents to ensure petitioners are not harassed regarding their relationship.
Whether interim order affects investigation if any FIR is registered.
Parties & counsel
- petitioner
Smt. Prabhawati
- petitioner
Another
- respondent
State Of U.P.
- respondent
3 Others
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- WRIC/19081/2022
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