Nida Bano and Another Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Instant writ petition has been filed seeking a writ of mandamus directing the opposite parties more particularly opposite party No.3 to not disturb the matrimonial life of the petitioners and provide safety and security to them in view of the law laid down by the Hon'ble Apex Court in the case of Lata Singh vs. State of U.P. and another, 2006, in the interest of justice.

¶13

The contention of learned counsel for the petitioners is that both the petitioners are major and they have married each other on their own volition on 22.09.2025 as per Muslim rites and rituals. A copy of the marriage certificate/Nikahnama has been enclosed as Annexure No.3 to this petition. In support of the petitioners being major, the petitioner No.1 has annexed her High School Certificate-cum-Marks sheet while the petitioner no.2 has filed copy of the Aadhar card along with birth certificate from which it emerges that both the petitioners are adult and now married and residing together. Learned counsel has further stated that no First Information Report has been registered against the petitioners in this regard.

¶14

In this regard, it would be apt to refer to the judgment of the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. and another2006 (5) SCC 475, wherein the Apex Court in para-17 has observed as under:-

¶15

"17. .... This is a free and democratic country, and once a person becomes a major he

¶16

CRLP No. 9652 of 2025

¶17

2

¶18

or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut-off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. 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 woman 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."

¶19

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.

¶20

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

¶21

It is made clear that if any F.I.R. is already registered on the issue, the order passed by this Court shall automatically stand discharged.

¶22

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.

¶23

The petitioners shall get their marriage registered under the "Uttar Pradesh Marriages Registration Rules, 2017".

¶24

The Registrar of Marriages concerned is directed to process and issue the registration certificate to the petitioners, strictly in accordance with law, at the earliest.

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(Mrs. Babita Rani,J.) (Abdul Moin,J.)

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October 17, 2025 Reena/-

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Nida Bano and Another v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

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Nida Bano and Another v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

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