Disposed

Smt. Gudiya and Another v. State of U.P. Thru. Prin. Secy. Home and Others

Allahabad HC19 Dec 2024CRLP/9694/2024

Case brief

AI extract

What is this about?

Protection of newly married couple from police harassment; writ of mandamus for non-interference in peaceful married life; marriageable age; Arya Samaj marriage certificate dated 11.12.2024; no F.I.R. pending; marriage registration undertaking within fifteen days; conditional non-interference direction; express non-adjudication of age and validity of marriage; Allahabad High Court Lucknow Bench; C

What did the court decide?

Conditional direction that the police shall not unnecessarily interfere in the petitioners' peaceful married life, subject to the petitioners having married each other, living together, having been of

Smt. Gudiya and Another vs State of U.P. Thru. Prin. Secy. Home and Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:85298-DB

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9694 of 2024

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Petitioner :- Smt. Gudiya And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others

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Counsel for Petitioner :- Hari Om Singh

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Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

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By means of this writ petition, petitioners have prayed for issuance of mandamus commanding the opposite parties not to harass the petitioners and interfere in their peaceful married life.

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Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 11.12.2024, they were of marriageable age. The marriage certificate dated 11.12.2024 issued by the Arya Samaj Shivpuri Kamta, Chinhat, Lucknow is annexed as Annexure-3 to the writ petition. Petitioner No.1 has annexed copy of her Admit Card of High School as Annexure No.1 to the Writ Petition whereas Petitioner No.2 has annexed copy of his Adhaar Card as Annexure No.2 to the Writ Petition for proof of age. Learned counsel for the petitioners further submits that petitioners are in the process of getting their marriage registered, which shall be done within a period of fifteen days. Learned counsel for petitioners further submits that there is no F.I.R. against the petitioners and they are not wanted in any criminal case, yet the police is harassing them at the behest of family members, who are not agreeable to the marriage. Therefore, this petition has been filed seeking a writ of mandamus directing the opposite parties not to interfere in peaceful married life of the petitioners.

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In view of the above, it is provided that if the petitioners have married each other and are living together, were of marriageable age on the date of their marriage and they are not wanted in any criminal case, then the police shall not unnecessarily interfere in their peaceful married life.

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It is, however, made clear that this Court has not entered into nor adjudicated the age of the petitioners nor veracity/validity of the alleged marriage.

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Accordingly, the writ petition is disposed of .

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( Om Prakash Shukla,J. ) ( Vivek Chaudhary,J. )

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Order Date :- 19.12.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Gudiya and Another v. State of U.P. Thru. Prin. Secy. Home and Others

Case brief

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Smt. Gudiya and Another v. State of U.P. Thru. Prin. Secy. Home and Others

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