Partly allowed

Smt. Nidhi Jaiswal and Another v. State of U.P. and 3 Others

Allahabad HC9 May 2023WRIC/10265/2023

Case brief

AI extract

What is this about?

This writ petition sought protection for adult petitioners living together as husband and wife against family threats. The High Court granted protection without issuing a notice, relying on Supreme Court precedents affirming the right of major individuals to live together without interference.

What did the court decide?

Writ petition granted protection; petitioners directed to register marriage within two months; liberty granted to respondent to recall order if documents were fabricated.

Smt. Nidhi Jaiswal and Another Vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:99564

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Court No. - 90

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Case :- WRIT - C No. - 10265 of 2023

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Petitioner :- Smt. Nidhi Jaiswal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Biswajeet Mukherjee,Amit Kumar Singh

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Counsel for Respondent :- C.S.C

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Hon'ble Syed Aftab Husain Rizvi,J.

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Supplementary affidavit filed by learned counsel for the petitioners is taken on record.

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Heard S/Sri Biswajeet Mukherjee,Amit Kumar Singh, learned counsel for the petitioners and Sri Pankaj Kumar Rai, learned standing counsel appearing for the State-respondents.

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Present petition has been filed by the petitioners claiming protection of their lives and liberty as they have married of their own free will and are adults and are living together. The averments made in the petition are supported by the joint affidavit of the petitioners. Further, it is stated that private respondent and other family members have got annoyed and there is serious danger to the lives of the petitioners as they are being threatened and harassed.

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In support of their age, petitioner no.1 has brought on record copy of her Certificate-cum-Marks-Sheet of High School Examination2015 wherein her date of birth is shown as 11.05.2000 and petitioner no.2 has brought on record copy of his Aadhar Card wherein his date of birth is shown as 21.11.1990. Thus, it appears from the record that both the petitioners are major and they have performed their marriage on 12.12.2022.

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The petitioners have averred in the writ petition that they are living as wife and husband. It is stated that they have apprehension that private respondent can eliminate them for the honour of her family. In case this Court does not grant them protection, their lives may be endangered.

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It is further stated that the petitioners have applied on-line for registration of their marriage on 14.12.2022.

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In view of the order proposed to be passed, there is no need to issue notice to private respondent. With the consent of learned counsel appearing for the parties, this writ petition is being disposed of finally at this stage in terms of the Rules of the Court. The Supreme Court in a long line of decisions has settled the law that where a boy and a girl are major and they are living with their free will, then, nobody including their parents, has authority to interfere with their living together. Reference may be made to the judgements of the Supreme Court in the cases of Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234; Lata Singh v. State of U.P. and another, (2006) 5 SCC 475; and, Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396, which have consistently been followed by the Supreme Court and this Court, as well as of this Court in Deepika and another v. State of U.P. and others, 2013 (9) ADJ 534 . The Supreme Court in Gian Devi (supra) has held as under:

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"7. ... Whatever may be the date of birth of the petitioner, the fact remains that she is at present more than 18 years of age. As the petitioner is sui juris no fetters can be placed upon her choice of the person with whom she is to stay, nor can any restriction be imposed regarding the place where she should stay. The court or the relatives of the petitioner can also not substitute their opinion or preference for that of the petitioner in such a matter."

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Having regard to the facts and circumstances of the case, this Court is of the view that the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Superintendent of Police, Chandauli i.e. respondent no. 2, with a copy of this order downloaded from the website of this Court, who shall provide immediate protection to the petitioners.

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Petitioners shall get their marriage registered within two months.

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A liberty is granted to the private respondent that if the documents brought on the record are fabricated or forged or any false averment has been made or facts have been concealed, it will be

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open to him to file a recall application for recall of this order.

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It is made clear that this Court has not adjudicated upon the alleged marriage of the petitioners and this order in no way expresses opinion about the validity of their marriage. The protection is only against the use of criminal force or any illegal or unlawful act. However, any individual affected or aggrieved or any public authority may take lawful action for violation of any law civil or criminal.

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With the aforesaid observations, the writ petition is partly allowed. No order as to costs.

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Order Date :- 9.5.2023

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MN/-

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Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad

Smt. Nidhi Jaiswal and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Nidhi Jaiswal and Another v. State of U.P. and 3 Others

Case brief

What is this about?

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