Disposed

Pushpendra Bansal and Another v. State of U.P. and 4 Others

Allahabad HC26 Jun 2023WRIC/20204/2023

Case brief

AI extract

What is this about?

In a writ petition filed by two married majors alleging threats and interference from respondents No. 4 and 5, the court disposed of the matter. It directed petitioners to submit a representation to the Senior Superintendent of Police, District Hathras and directed the Superintendent to ensure their safety and peaceful life if the allegations are true.

What did the court decide?

Petitioners permitted to file representation with copies of writ petition to Senior Superintendent of Police, District Hathras; direction to ensure safety and peaceful life if allegations are true.

Pushpendra Bansal and Another Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:128507

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Court No. - 80

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Case :- WRIT - C No. - 20204 of 2023

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Petitioner :- Pushpendra Bansal And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rateesh Singh Counsel for Respondent :- CSC

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Hon'ble Manjive Shukla,J.

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Heard learned counsel for the petitioners, learned Standing Counsel appearing for Respondents No. 1, 2 and 3 and perused the record.

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In view of the proposed order, notice to private Respondents No. 4 and 5 are dispensed with.

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Petitioners in their Writ Petition have stated that Petitioner No. 1 has already attained the age of majority and as per his High School mark-sheet, his date of birth is 02.02.2002. It has further been stated that Petitioner No. 2 has also attained the age of majority and her date of birth as per High School marksheet is 13.12.2002.

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Petitioners in their Writ Petition have averred that though they have married each other but Respondents No. 4 and 5 are not happy with their marriage and, therefore, they are creating all sort of difficulties in peaceful living of the petitioners. Petitioners have further stated in the writ petition that Respondents No. 4 and 5 are also extending threats to the petitioners. Petitioners in their Writ Petition have also categorically stated that as per their best knowledge, till date, no criminal case has been lodge against them.

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Learned counsel appearing for the petitioners has vehemently argued that once the petitioners are major, they have every right to marry and to live their life peacefully.

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Learned counsel for the petitioners has also argued that State Respondents are under obligation to ensure safety and security of the petitioners and are also under obligation to ensure an atmosphere in which they can live their married life peacefully.

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Learned counsel for the petitioners has next argued that since threats were extended by Respondents No. 4 and 5, therefore in the

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said circumstances, petitioners have already submitted representation to Senior Superintendent of Police, District Hathras on 8.06.2023 but police is not co-operating with them.

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I have considered the submissions advanced by learned counsel appearing for the petitioners.

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From the averments made in the Writ Petition, prima-facie, it appears that both the petitioners are major and they have married.

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In the aforesaid circumstances, petitioners are permitted to make a representation to Senior Superintendent of Police, District Hathras annexing therewith the copy of present Writ Petition within one week from today.

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In view of the aforesaid reasons, this Writ Petition is finally disposed of with a direction to Senior Superintendent of Police, District Hathras to consider the grievance of the petitioners and if averments made in the writ petition are found to be true then Senior Superintendent of Police, District Hathras is also directed to ensure that nobody could extend threat to petitioners and they can live their life peacefully.

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Order Date :- 26.6.2023 A. Mandhani

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Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad

Pushpendra Bansal and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Pushpendra Bansal and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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