Disposed¶16

Smt Rahina Khatun and Another v. State of U.P. and 3 Others

Allahabad HC6 Feb 2025WRIC/39336/2024

Case brief

AI extract

What is this about?

Allahabad High Court, Vinod Diwakar J., WRIT-C No. 39336 of 2024, order dated 7.2.2025: petition by Rahina Khatun and Mohammad Arif seeking police protection after marriage under Muslim law against parents' wishes; SP Bulandshahar directed to assess threat and ensure protection on request; Article 21 invoked; marriage validity left unadjudicated; document verification and anti-falsehood liberty reserved; petition disposed of.

What did the court decide?

Direction to the Superintendent of Police, Bulandshahar to assess the threat to the petitioners and take appropriate legal measures for their protection upon request and submission of a copy of the order; petition disposed of with the stated clarifications. ¶16

Smt Rahina Khatun and Another Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the police/respondents should be directed to take measures to protect the petitioners' lives and property, the petitioners claiming to be majors married under Muslim law against their parents' wishes.

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Court's answer

The Court directed the Superintendent of Police, Bulandshahar to assess the threat to the petitioners' lives and property from their respective parents and relatives and to take appropriate legal measures to ensure their protection upon their request and submission of a copy of the order, invoking Article 21 of the Constitution.

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Ratio / Principle

The Court expressly did not adjudicate the validity of the alleged marriage or related issues, and left the police at liberty to verify identity and age documents (Aadhar Card, Educational Board certificate-cum-marksheet, Marriage Certificate, affidavits) to test the petitioners' bona fides.

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Key takeaways

If any false information was provided in the writ petition or in the protection request application, the respondents/police were declared at liberty to take appropriate legal action against the petitioners in accordance with law.ratio¶12

Detailed headnote1 paragraphs

Protection of a couple claiming marriage under Muslim law against parental wishes: the Allahabad High Court, disposing of a WRIT-C petition by two majors married on 16.10.2023 at Karelli, Prayagraj, directed the Superintendent of Police, Bulandshahar to assess the threat from their respective parents and relatives and to take appropriate legal measures for their protection upon request and submission of a copy of the order, observing that Article 21 of the Constitution bars deprivation of life or personal liberty except by procedure established by law. The Court expressly did not adjudicate the validity of the alleged marriage and permitted the police to verify Aadhaar Card, Educational Board certificate-cum-marksheet, Marriage Certificate, affidavits and other age documents to test bona fides, while reserving liberty to take legal action if false information was found in the petition or protection application.

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Neutral Citation No. - 2025:AHC:19619

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Court No. - 76

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Case :- WRIT - C No. - 39336 of 2024

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Petitioner :- Smt Rahina Khatun And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gyan Prakash Tiwari,Kamlesh Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents, and perused the record.

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The instant petition has been preferred by the petitioners seeking direction to the police/respondents to take appropriate measures to protect the petitioners' lives and property. The petitioners claim to have married on 16.10.2023 in Karelli, Prayagraj, in presence of Asif and Akbar.

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The learned counsel for the petitioners submits that both petitioners are major and married according to Muslim law. He further states that the petitioners have married against the wishes of their parents, and therefore, face serious threats to their lives and property from their respective parents.

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Under these circumstances, this Court directs the Superintendent of Police, Bulandshahar to assess the threat to the petitioners' lives and property from their respective parents and relatives, and take appropriate legal measures to ensure the petitioners' protection upon their request and submission of a copy of this order. Otherwise, Article 21 of the Constitution of India also mandates that no person shall be deprived of his life or personal liberty except according to the procedure established by law.

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It is clarified that this Court has not adjudicated the validity of

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the alleged marriage or any other related issues. The police have the liberty to verify the Aadhar Card, Certificate-cum-Marksheet issued by the Educational Board, Marriage Certificate, contents of affidavits, documents proving the petitioners' ages, or any other documents to test the petitioners' bona fides.

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However, if it is found that any false information has been provided in this writ petition to mislead the Court or any incorrect/false information has been mentioned in the protection request application to the police, the respondents/police are at liberty to take appropriate legal action against the petitioners in accordance with the law.

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The details of the petitioners mentioned in the memo of parties to the instant writ petition are outlined herein below for ready reference and record of police:

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" 1. Smt. Rahina Khatun, w/o Mohammad Arif, d/o Mohammad Ali Hussain,

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2. Mohammad Arif, s/o Aas Mohammad, r/o Village Wazidpur, P.S. Khurza Dehat, Bulandshahar"

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With the aforesaid observations, the instant petition stands disposed of.

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Order Date :- 7.2.2025 Ujjawal

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(Vinod Diwakar, J.)

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Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad

Smt Rahina Khatun and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt Rahina Khatun and Another v. State of U.P. and 3 Others

Case brief

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