This high court dismissed a writ petition seeking direction to prevent harassment and interfere with the petitioners' peaceful living. The court held that since the petitioner was a Muslim woman and the co-petitioner was Hindu, the matter fell squarely within the ruling of Kiran Rawat regarding inter-faith marriages.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:228790
Court No. - 85
Case :- WRIT - C No. - 37136 of 2023
Petitioner :- Smt Jyoti @ Jainam And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.
By means of the present writ petition, the petitioners have prayed for a direction in the nature of mandamus commanding and directing the respondent nos. 4 not to harass them and interfere in their peaceful living with his own free will and choice and further commanding and directing the respondent nos. 2 and 3 to protect the life of the petitioners from respondent no. 4.
It is submitted that petitioner nos. 1 and 2 are major and their date of births are 01.01.2002 and 01.01.1992 respectively according to their Aadhar cards. They have performed their marriage with each other on 16.05.2023 but they are threatened by respondent nos. 4 into their peaceful living. Therefore, respondent no. 4 may be directed not to interfere in the peaceful living of the petitioners.
Per contra, learned Standing Counsel submitted that petitioner no. 1 is a Muslim girl and petitioner no.2 is Hindu and no document for valid conversion is on record, therefore, this matter is squarely covered by judgement of this Court passed in Criminal Misc. Writ Petition No. 3310 of 2023, Kiran Rawat And Another Vs. State of U.P. Thru. Secy. Home, Lko. And Others, reported in 2023 SCC Online All 323 .
In the present writ petition, petitioner no.1 is a Muslim girl and petitioner no.2 is Hindu by religion, therefore ratio of the judgement passed in Kiran Rawat (supra) is applicable to the present writ petition.
Hence, this writ petition is accordingly dismissed.
Order Date :- 2.12.2023 AKT
Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a writ petition directing the state to protect petitioners from a third party's interference should be allowed when the parties are of different religions without valid conversion.
Whether the petitioners' inter-religious marriage without valid conversion documents bars the granting of relief against harassment.
Colour shows how this judgement treated each authority
Kiran Rawat And Another Vs. State of U.P. Thru. Secy. Home, Lko. And OthersApplied¶9
2023 SCC Online All 323 · Who else cites this
Smt Jyoti @ Jainam And Another
State Of U.P. And 3 Others
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
