Disposed¶15

Suzain Mumtaz and Another v. State of Up and 3 Others

Allahabad HC2 Jan 2025WRIC/39890/2024

Case brief

AI extract

What is this about?

Writ-C No. 39890 of 2024, Allahabad High Court, decided 19.2.2025 by Vinod Diwakar, J.; protection of life and property of newly married couple claiming marriage on 15.11.2024 per Muslim law against parents' wishes; direction to Commissioner of Police, Commissionerate Prayagraj, to assess threat and protect petitioners; Article 21 Constitution of India; marriage validity not adjudicated; police liberty to verify Aadhar Card, Nikahnama, affidavits, age documents; petition disposed of.

What did the court decide?

Direction to the Commissioner of Police, Commissionerate Prayagraj, to assess the threat to the petitioners' lives and property from their respective parents and relatives and take appropriate legal measures to ensure their protection upon their request and submission of a copy of the order. ¶15

Suzain Mumtaz and Another vs State of Up 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 have married according to Muslim law against their parents' wishes and facing threats from their respective parents.

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Court's answer

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

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Ratio / Principle

The police were given liberty to verify the Aadhar Card, Certificate-cum-Marksheet issued by the Educational Board, Nikahnama issued by Qazi, contents of affidavits, documents proving the petitioners' ages, or any other documents to test the petitioners' bona fides.

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Key takeaways

The Court clarified that it has not adjudicated the validity of the alleged marriage or any other related issues; that question was expressly left open.obiter¶10
If any false or incorrect information is found in the writ petition or 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.obiter¶11

Detailed headnote1 paragraphs

Allahabad High Court (Vinod Diwakar, J.) disposed of a writ petition by a young couple (Suzain Mumtaz and Shariq Khan) who claimed to have married on 15.11.2024 at Buxi Bazar, Khuldabad, Prayagraj according to Muslim law against their parents' wishes and sought police protection. The Court directed the Commissioner of Police, Commissionerate Prayagraj, to assess the threat to their lives and property from their parents and relatives and to take appropriate legal measures to ensure their protection upon their request and submission of a copy of the order, observing that Article 21 of the Constitution mandates that no person shall be deprived of life or personal liberty except according to procedure established by law. The Court expressly did not adjudicate the validity of the alleged marriage and permitted the police to verify the Aadhar Card, educational certificate-cum-marksheet, Nikahnama, affidavits and age-proof documents to test the petitioners' bona fides; false information would expose the petitioners to legal action.

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Neutral Citation No. - 2025:AHC:24729

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Court No. - 76

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Case :- WRIT - C No. - 39890 of 2024

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Petitioner :- Suzain Mumtaz And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Zia Uddin Ahmad 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, Shri Suresh Babu, 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 15.11.2024 at Buxi Bazar, Khuldabad, Prayagraj, in presence of Mohammad Shakib and Mohammad Shariq. The marriage was performed by Qazi.

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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 Commissioner of Police, Commissionerate Prayagraj, 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 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, Nikahnama issued by Qazi, 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. Suzain Mumtaz D/o Mumtaz Ahmad, wife of Shariq Khan, resident of 76/55, Rasoolpur, Police Station Kareli, District Prayagraj, 211003 (Presently residing with petitioner no.2).

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Shariq Khan son of Mohd Nafees, Resident of House No. 27/30, Buxi Bazar, Khuldabad, Police Station Khuldabad, Prayagraj, Uttar Pradesh-211003.

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

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Order Date :- 19.2.2025 Prajapati

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Justice Vinod Diwakar

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Suzain Mumtaz and Another v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Suzain Mumtaz and Another v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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