Hasan Ali and Another v. State of U.P. and 2 Others
Case brief
What is this about?
In this writ petition, two Muslim major individuals sought protection for their chosen relationship against interference. The High Court held they are at liberty to live together without interference and directed the Superintendent of Police to provide immediate protection if any disturbance occurs.
What did the court decide?
Direction that petitioners are at liberty to live together without interference; violation would make them approach Superintendent of Police for immediate protection.
What the court decided
Neutral Citation No. - 2023:AHC:203282
Court No. - 50
Case :- WRIT - C No. - 25682 of 2023
Petitioner :- Hasan Ali And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ram Manohar Narayan Mishra,J.
The petitioners have preferred this writ petition for a direction upon the respondents not to interfere in their married life and also for protection of their lives and liberty.
The petitioners claim that they are major. Petitioners are Muslim by religion. Petitioner nos. 1 and 2 are in living in relationship out of free will and choice for more than two years. They got made a declaration before the notary public this regard on 20.7.2023, copy thereof has been filed as annexure-2 to the petition.
In support of their age, the petitioners have brought on record their Aadhar Cards; wherein, the date of birth of the petitioner no. 2 is shown as 25.4.2005 and that of petitioner no. 1 as 1.1.2002. Thus, it appears from the record that both the petitioners are major. The father of petitioner no. 2 is not more. Respondent no. 3, mother of petitioner no. 2, was averse to the marriage of the petitioners and intended to give her hand to some other person, however, till date no F.I.R. has been lodged against the petitioner no. 2. They have filed a joint affidavit in support of the pleadings made in the writ petition.
Issues for consideration
2 issues framed by the court
Whether the petitioners are entitled to protection against interference in their peaceful living relationship.
Whether the High Court can direct police protection for a couple living together outside of traditional marriage structures.
Parties & counsel
- petitioner
Hasan Ali And Another
- respondent
State Of U.P.
Coram
Dhirendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- WRIC/25682/2023
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