Disposed¶11

Smt. Rubi Khatun and Another v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Allahabad HC28 Oct 2023/8322/2023

Case brief

AI extract

What is this about?

Keywords: protection of married couple from police interference; writ of mandamus; marriage of own volition; age of majority; Nikahnama; High School Certificate as proof of age and marriage; no F.I.R. against petitioners; police harassment at behest of family members; Criminal Misc. Writ Petition; Allahabad High Court, Lucknow Bench; disposed of on 28.10.2023.

What did the court decide?

Direction that if the petitioners have married each other and are living together, were of the age of majority on the date of their marriage and are not wanted in any criminal case, the police shall not unnecessarily interfere in their peaceful married life. ¶11

Smt. Rubi Khatun and Another Vs State of U.P. Thru. Secy. Home Deptt. Lko. and Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

¶11

Issue for consideration

Whether the police should be restrained from interfering in the petitioners' peaceful married life, where the petitioners claim to have married each other of their own volition, were of the age of majority on the date of their marriage, and are not wanted in any criminal case.

¶9

Court's answer

If the petitioners have married each other and are living together, were of the age of majority on the date of their marriage and are not wanted in any criminal case, then the police shall not unnecessarily interfere in their peaceful married life.

¶10

Ratio / Principle

The Court made clear that it had not entered into nor adjudicated the age of the petitioners nor the veracity/validity of the alleged marriage.

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Detailed headnote1 paragraphs

Writ petition (Criminal Misc. Writ Petition No. 8322 of 2023) by Smt. Rubi Khatun and another before the High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Rajan Roy, J. and Hon'ble Ajai Kumar Srivastava-I, J.), disposed of on 28.10.2023. The petitioners claimed to have married each other of their own volition and to have been of the age of majority on the date of marriage, annexing High School Certificates and Nikahnama as proof of age and marriage; they stated there was no F.I.R. against them and they were not wanted in any criminal case, but alleged police harassment at the behest of family members not agreeable to the marriage. The Court provided that if the petitioners have married each other and are living together, were of the age of majority on the date of their marriage and are not wanted in any criminal case, the police shall not unnecessarily interfere in their peaceful married life, while expressly making clear that it had not adjudicated the petitioners' age or the veracity/validity of the alleged marriage.

Smt. Rubi Khatun and Another v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Smt. Rubi Khatun and Another v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Parties & counsel

Coram

Case details

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