Smt. Kajal and Another vs State of U.P. and 3 Others

The petitioners have preferred this writ petition for a direction upon the respondents not to interfere in their married life and also for protection of their lives and liberty.

¶11

The petitioners claim that they are adults and living together out of their own freewill. It is stated that for the said reason, the private respondent and his other family members have got annoyed and there is serious danger to the lives of the petitioners as they are being threatened and harassed.

¶12

In support of their age, the petitioner no. 1 has brought on record her birth certificate issued by Gram Vikas Adhikari, Auraiya wherein the date of birth of the petitioner no. 1 is shown as 12.03.2006 and petitioner no. 2 has brought on record his certificate-cum-marksheet of High School Examination, 2019 wherein his date of birth is shown as 20.03.2002 Thus, it appears from the record that both the petitioners are major. They have performed their marriage in Arya Samaj Mandir, Kannauj on 17.9.2025. They have also brought on record the complete online application for registration of their marriage.

¶13

The petitioners have averred in the writ petition that they are living as wife and husband. It is stated that they have apprehension that private respondent can eliminate them for the honour of his family. In case this Court does not grant them protection, their lives may be endangered. It is further submitted that as per best knowledge of the deponent, till date no first information report or any complaint has been lodged against them by any one.

¶14

Heard learned counsel for the petitioners and learned Standing Counsel for the State functionaries.

¶15

Learned State counsel has opposed the prayer. It is submitted that the birth certificate of petitioner no.1 issued by Gram Vikas Adhikari on 5.8.2019 is little

¶16

WRIC No. 35354 of 2025

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2

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suspicious, which requires to be verified by the concerned authority. Further he seeks time to obtain proper instructions in the matter.

¶19

Put up this case as fresh on 28.10.2025. On the date fixed both the petitioners shall remain present in person before the Court.

¶20

However, till the next date of listing no person shall be permitted to interfere in the peaceful living of the petitioners. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Superintendent of Police, Auraiya i.e. the second respondent, with a certified copy of this order, who shall provide immediate protection to the petitioners.

¶21

A liberty is granted to the private respondent that if the documents brought on the record are fabricated or forged, it will be open to him to file a recall application for recall of this order.

¶22

It is made clear that this Court has not adjudicated upon the alleged marriage of the petitioners and this order in no way expresses opinion about the validity of their marriage.

¶23

However, this order would not come in way of investigation, if any, pending before the police authorities and the law will take its own course.

¶24

October 8, 2025 Fhd

¶25

(Nalin Kumar Srivastava,J.)

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

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

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

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