Disposed

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

Allahabad HC1 Dec 2023WRIC/41340/2023

Case brief

AI extract

What is this about?

This single-judge writ petition under Article 226 sought protection from harassment for two petitioners who married against family wishes. The court disposed of the petition by directing the Senior Superintendent of Police to consider the petitioners' protection application and ensure their peaceful married life.

What did the court decide?

Direction to Senior Superintendent of Police to consider the filed protection application and ensure no interference with the petitioners' peaceful married life.

Smt. Rubina and Another Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:228627

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Court No. - 84

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Case :- WRIT - C No. - 41340 of 2023

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Petitioner :- Smt. Rubina And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Priyavrat Tripathi,Ram Adhar Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard learned counsel for the petitioners as well as learned Standing Counsel for the State.

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Instant Civil Misc. Writ Petition under Article 226 of the Constitution has been filed by the petitioners with the following prayer:-

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"i) To issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to 3 to provide protection/security to the petitioners.

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ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents stop the harassment to petitioners."

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The contention of counsel for the petitioners is that both the petitioners are major and willingly married and living together as husband and wife. It is also submitted that they have also applied for online registration of their marriage on 22.11.2023. In support of the majority of the petitioner no. 1, Pan Card and Aadhar Card have also been annexed in the petition. It is further submitted that because of the marriage of the petitioners, family members of petitioner no. 1 are not happy and they are harassing the petitioners. It is next submitted that the petitioner no. 1 has also moved an application dated 22.11.2023 before respondent no. 3 i.e. Senior Superintendent of Police, Saharanpur, seeking protection for herself and petitioner no. 2.

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Learned Standing Counsel raised objection on contention made by learned counsel for the petitioners.

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Considering the aforesaid submissions and upon perusal of record, present writ petition is disposed of with a direction to Senior Superintendent of Police, Saharanpur i.e. respondent no. 3

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to consider the application dated 22.11.2023 filed by petitioner no. 1 and pass appropriate order for the protection of peaceful married life of the petitioners, if there is no legal impediment.

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It is further directed that till disposal of the aforesaid application, the Senior Superintendent of Police, Saharanpur, will ensure that no person will interfere in the peaceful married life of the petitioners.

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Order Date :- 1.12.2023 Anjali

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Smt. Rubina 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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