Disposed

Smt. Kumkum and Another v. State of U.P. and 2 Others

Allahabad HC23 Apr 2025WRIC/8607/2025

Case brief

AI extract

What is this about?

Petitioners, majors who married of their own will and applied for marriage registration, sought protection from interference by respondent no.3. No Section 175(3) BNSS application had been made; petition disposed with liberty to apply to police, while SSP Aligarh was directed not to harass them.

What did the court decide?

Liberty to approach police under Section 175(3) BNSS; SSP Aligarh directed to ensure petitioners are not harassed by local police.

Smt. Kumkum and Another vs State of U.P. and 2… — Writ and Judicial Review | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:61919

¶2

Court No. - 74

¶3

Case :- WRIT - C No. - 8607 of 2025

¶4

Petitioner :- Smt. Kumkum And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Srivastava,Saksham Srivastava Counsel for Respondent :- C.S.C.

¶5

Hon'ble Saurabh Srivastava,J.

¶6

Heard learned counsel for petitioners and learned Additional Chief Standing Counsel for the State-respondents.

¶7

By way of the present writ petition, a direction in the nature of mandamus directing the respondents not to interfere in peaceful marital life of petitioners, has been sought.

¶8

Learned counsel for the petitioners submits that both the petitioners are major and have solemnized marriage with each other of their own freewill according to Hindu Rites and Custom on 14.11.2024 and they have applied for registration of their marriage on 14.11.2024 before Marriage Registrar, Ghaziabad and for that they are being threatened and harassed by respondent no.3 with the collusion of local police. Learned counsel for petitioners further submitted that in pursuance of the hindrances being created by respondent no.3, petitioners moved a representation before Senior Superintendent of Police, Aligarh, but no heed has been paid, hence this petition.

¶9

Per contra, learned Additional Chief Standing Counsel vehemently opposed the prayer sought through the instant petition by way of submitting that it is true that both the petitioners are major and have solemnized marriage, but at the same time, it has been submitted that if the concerned police authorities are not paying any heed towards the grievances of petitioners, they may approach the learned court concerned by way of filing application under Section 175(3) BNSS for seeking direction in favour of concerned police authorities for lodging FIR against respondent no.4 in pursuance of the threats which are being given by respondent no.4 to the petitioners and their friends.

¶10

A precise query has been made before learned counsel for petitioners that whether any application under Section 175(3)

¶11

BNSS for seeking direction in favour of concerned police authorities for lodging FIR against respondent no.4, has been preferred, in reply to the same, learned counsel for petitioners fairly contended that no such application has ever been preferred.

¶12

After having the rival contentions raised by learned counsel for parties as well as perusal of the records, it is observed that no specific application in shape of information preferred before the concerned police authorities for lodging any FIR against any illegal conduct carried out by the private respondent, if that be so, and no heed has ever been paid by the concerned police authorities, there is no specific averment available in the petition that any case has been instituted in pursuance to Section 175(3) of BNSS.

¶13

In view thereof, the present petition stands disposed of with liberty to the petitioners to approach the concerned police authorities by way of preferring specific application for lodging FIR against any illegal conduct carried out by the private respondent.

¶14

Senior Superintendent of Police, Aligarh shall ensure that petitioners will not be harassed by local police in connection with the marriage solemnized by them.

¶15

Learned Additional Chief Standing Counsel shall intimate this order to Senior Superintendent of Police, Aligarh forthwith.

¶16

Order Date :- 23.4.2025 Anurag/-

¶17

Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad

Smt. Kumkum and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Smt. Kumkum and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sajjad Ali Alias Sajjad Hussain vs State of U.P. and Another

Tahseen Hasan Khan Alias Imran vs State of U.P. and Another

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

Narayan Tiwari vs State of U.P. and Another

Madho Singh and 2 Others vs State of Up and Another

Chandrabhan Bind and 22 Others vs State of U.P. and Another