Disposed

Smt. Shalinee Pal and Another v. State of U.P. and 3 Others

Allahabad HC27 Jun 2023WRIC/20544/2023

Case brief

AI extract

What is this about?

Major petitioners approached High Court seeking protection from threats by Respondent No. 4 unmarried family due to marital discord. Court disposed of petition directing Superintendent of Police, District Auraiya to consider grievance representation and ensure safety.

What did the court decide?

Direction to Superintendent of Police, District Auraiya to consider petitioners representation and ensure no threats extended to them.

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

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Neutral Citation No. - 2023:AHC:129017

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Court No. - 80

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Case :- WRIT - C No. - 20544 of 2023

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Petitioner :- Smt. Shalinee Pal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Pati Tiwari,Deepak Upadhyay Counsel for Respondent :- C.S.C.

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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 Respondent No. 4 is 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 her High School mark-sheet, her date of birth is 15.07.1997. It has further been stated that Petitioner No. 2 has also attained the age of majority and his date of birth as per High School marksheet is 05.07.1990.

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Petitioners in their Writ Petition have averred that though they have married each other but Respondents No. 4 is 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 is 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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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 Superintendent of Police, District Auraiya annexing therewith the copy of present Writ Petition within ten days from today.

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In view of the aforesaid reasons, this Writ Petition is finally disposed of with a direction to Superintendent of Police, District Auraiya to consider the grievance of the petitioners and if averments made in the writ petition are found to be true then Superintendent of Police, District Auraiya 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 :- 27.6.2023 A. Mandhani

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

Smt. Shalinee Pal and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Shalinee Pal 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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