Court issued writ of mandamus directing State and police not to interfere in petitioners' peaceful marital life. Order contingent on finding no FIR lodged.
Writ of mandamus issuing direction not to interfere in marital life, subject to withdrawal if FIR lodged.
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Neutral Citation No. - 2023:AHC:193263
Court No. - 85
Case :- WRIT - C No. - 34220 of 2023
Petitioner :- Smt. Anamika Raikwar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Piyush Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Prashant Kumar,J.
"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 inter- religious 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."
"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.
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."
Order Date :- 6.10.2023 Manish Himwan
Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ of mandamus should be issued directing the State and police not to interfere in the peaceful marital life of major petitioners who have solemnized and registered their marriage.
Colour shows how this judgement treated each authority
Lata SinghRelied on¶9
Lata Singh Vs. State of U.P. & Anr. (2006) 5 SCC 475 · Who else cites this
Bhagwan DassRelied on¶11
Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 · Who else cites this
1 provisions across 1 enactments
Smt. Anamika Raikwar
Anamika Raikwar
State Of U.P.
Respondent 2
Respondent 3
Respondent 4
Prashant Kumar
Manish Himwan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
