Dismissed

Smt. Upasana and Another v. State of U.P. and 3 Others

Allahabad HC28 Jul 2023WRIC/22580/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a direction to authorities not to interfere in the petitioners' peaceful marital life. Relying on Supreme Court precedents protecting major couples from harassment, the court dismissed the prayer without prejudice. The order was explicitly made subject to vacatur if a false averment-proofed FIR is lodged against the petitioners.

What did the court decide?

Direction to respondents not to interfere in petitioners' marital life, subject to vacatur if an FIR is lodged against petitioners.

Smt. Upasana and Another Vs State of U.P. and 3… — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:152298

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Court No. - 85

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Case :- WRIT - C No. - 22580 of 2023

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Petitioner :- Smt. Upasana And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jalaj Kumar Tripathi Counsel for Respondent :- C.S.C.

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Hon'ble Mayank Kumar Jain,J.

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Heard Ms. Vaishali Kushwaha, Advocate holding brief of Mr. Jalaj Kumar Tripathi, learned counsel for the petitioners and learned Addl. Standing Counsel for the State-respondents.

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By means of the present writ petition, the petitioners have prayed for a direction in the nature of mandamus directing the respondents not to interfere in their peaceful marital life.

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It is submitted that both the petitioners are major. As per the High School Marks Sheet of petitioner No.1, the date of birth of petitioner no.1 is 14.02.1992. The date of birth of petitioner no.2 is 02.06.1995 as mentioned in his High School Mark-sheet. It is further stated that petitioner no.1 performed marriage with petitioner no.2 on her own free will at Arya Samaj Mandir Damodarpuram, Subhash Nagar, Bareilly. They have also applied online application for registration of their marriage.

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In Lata Singh Vs. State of U.P. & Anr. (2006) 5 SCC 475 , while dealing with a case of harassment by the parents of the boy and girl, who had entered into inter-caste marriage, Hon'ble Supreme Court has issued directions to the Administration/Police authorities throughout the country in the following terms:-

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"This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or interreligious marriage.We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."

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In Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 Hon'ble Supreme Court held in paragraph 28 and 29 as under:-

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"28. ..... Often young couples who fall in love have to seek shelter in the police lines or protection homes, to avoid the wrath of kangaroo courts. We have held in Lata Singh case that there is nothing "honourable" in "honour" killings, and they are nothing but barbaric and brutal murders by bigoted persons with feudal minds. In our opinion honour killings, for whatever reason, come within the category of the rarest of rare cases deserving death punishment. It is time to stamp out these barbaric, feudal practices which are a slur on our nation. This is necessary as a deterrent for such outrageous, uncivilised behavior. All persons who are planning to perpetrate "honour" killings should know that the gallows await them.

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29. Let a copy of this judgment be sent to the Registrars General/ Registrars of all the High Courts who shall circulate the same to all the Judges of the Courts. The Registrars General/ Registrars of the High Courts will also circulate copies of the same to all the Sessions Judges/ Additional Sessions Judges in the States/Union Territories. Copies of the judgment shall also be sent to all the Chief Secretaries/ Home Secretaries/ Directors General of Police of all States/ Union Territories in the country. The Home Secretaries and Directors General of Police will circulate the same to all SSPs/SPs in the States/Union Territories for information."

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In such circumstances, it is provided that the police authorities shall see that the respondents shall not interfere in the marital life of the petitioners.

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No notice is being issued to the private parties. However, if they find that any false averment has been made in this writ petition, they can file for the recall of the order.

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The writ petition is disposed of .

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The order has been passed after hearing counsel for parties but if it is found that any FIR is lodged against the petitioner/s, this order automatically shall stand vacated.

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Order Date :- 28.7.2023 Atul

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Smt. Upasana and Another v. State of U.P. and 3 Others

Case brief

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Smt. Upasana and Another v. State of U.P. and 3 Others

Case brief

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