Disposed¶22

Anita and Another v. State of U.P. thru Principal Secretary, Home and 3 others

Allahabad HC6 Oct 2025CRLP/8538/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Lucknow Bench), Criminal Misc. Writ Petition No. - 8538 of 2025, decided 06.10.2025 by Rajnish Kumar and Zafeer Ahmad, JJ. Adult couple married by free will on 23.06.2025 at Arya Samaj Mandir, Chinhat, Lucknow sought police/administrative protection under Article 21, alleging harassment and disturbance of matrimonial life by opposite party no.4 with police help; no FIR pending; Lata Singh (2006) 5 SCC 475 relied upon; petition disposed of with direction to opposite parties not to interfere with petitioners' peaceful life and liberty. Counsel: Alok Kumar Mishra for petitioners; G.A. for respondents.

What did the court decide?

Direction to the opposite parties not to interfere in the peaceful life and liberty of the petitioners in any manner. ¶22

Anita and Another vs State of U.P. thru Principal Secretary, Home and 3 others — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 8538 of 2025

Anita And Another

.....Petitioner(s)

Versus

State Of U.P. Thru Principal Secretary, Home And 3 Others

¶7

.....Respondent(s)

¶8

Counsel for Petitioner(s)	: Alok	Kumar Mishra
Counsel for Respondent(s)	: G.A.

¶9

Court No. - 10

¶10

HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.

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Heard Sri Alok Kumar Mishra, learned counsel for the petitioners and learned A.G.A. for the State.

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In view of order proposed to be passed, notice to respondent no. 4 is dispensed with.

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This writ petition has been filed seeking following main prayer :-

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"(i) Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite parties nos.1 to 3 to ensure the compliance of mandate of Article 21 of the Constitution of India and ensure the safety of life of the petitioners and abstain themselves to disrupt marital life of the petitioners."

¶15

It is stated by learned counsel for the petitioners that both the petitioners are major and they have married with each other by their own free will on 23.06.2025 as per Hindu rites at Arya Samaj Mandir, Shivpuri Kamta, Chinhat, Lucknow. Copy of their marriage certificate issued from the Arya Samaj Mandir is annexed as Annexure No.4 to the writ petition. In regard to their age, the petitioner No.1 has annexed copy of her PAN Card whereas petitioner No.2 has annexed copy of his Driving License as Annexure Nos.2 and 3 to the writ petition respectively. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners till date.

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CRLP No. 8538 of 2025

¶17

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However, opposite party no. 4, being annoyed with their marriage, is creating hindrance in order to disturb their matrimonial life with the help of police authority of concerned police station. So, they have approached this Court, for redressal of their grievances, by filing the present writ petition.

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Learned counsel for the petitioners has relied upon the law laid down by the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 . Paragraph 17 of the judgment reads as under:-

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"17..... 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 women or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone 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."

¶21

The petitioners have also pleaded for protection under Article 21 of the Constitution of India, which guarantees liberty to lead life of their own with dignity.

¶22

The petition is, therefore, disposed of with a direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner.

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(Zafeer Ahmad,J.) (Rajnish Kumar,J.)

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October 6, 2025

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Saurabh

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

Anita and Another v. State of U.P. thru Principal Secretary, Home and 3 others

Case brief

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Anita and Another v. State of U.P. thru Principal Secretary, Home and 3 others

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