Disposed

Smt. Sanju Devi and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC9 Jan 2025/129/2025

Case brief

AI extract

What is this about?

Writ petition by a couple claiming a self-choice marriage seeking protection from alleged police harassment at the behest of family members. Court held that if they are married, living together, were of marriageable age and not wanted in any criminal case, police shall not unnecessarily interfere, without adjudicating age or validity of marriage.

What the court decided

AI extract

Smt. Sanju Devi and Another Vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:1564-DB

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 129 of 2025

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Petitioner :- Smt. Sanju Devi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

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Counsel for Petitioner :- Gyan Prakash Panday 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. 20.12.2024, they were of marriageable age. The marriage certificate issued by the Arya Samaj, Begumbagh, Aligarh, is annexed as Annexure-3 to the writ petition. Petitioners have annexed a copy of their High School Certificates-Cum-Marks Sheets as Annexure nos.1 and 2 to the writ petition as proof of age. Learned counsel for the petitioners submits that 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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Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017 within a period of four weeks.

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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

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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 :- 9.1.2025 Sachin

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Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Sanju Devi and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What the court decided

Smt. Sanju Devi and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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What the court decided

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