Disposed

Smt. Sunita Devi @ Sunita Yaadav and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC17 Feb 2026CRLP/1464/2026

Case brief

AI extract

What is this about?

Writ petition disposed of with a direction to respondents not to interfere in the peaceful life of the petitioners, an adult couple seeking protection for their marriage. Court directed registration of marriage under UP Rules within two months, relying on Lata Singh precedent.

What did the court decide?

Direction issued to opposite parties not to interfere with petitioners' peaceful life and liberty; order to register marriage within two months.

Smt. Sunita Devi @ Sunita Yaadav and… — Constitutional and Fundamental Rights | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 1464 of 2026

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Smt. Sunita Devi @ Sunita Yaadav And Another

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.....Petitioner(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Ankur Srivastav Counsel for Respondent(s) : G.A.

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Court No. - 11

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HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State-respondent Nos.1 to 3.

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In view of the order proposed to be passed, notice to respondent No.4 is dispensed with.

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Instant writ petition has been filed seeking a writ of mandamus directing the respondents No.1 to 3 to ensure the compliance of mandate of Article 21 of the Constitution of India and ensure the safety of life of the petitioners and abstain themselves to disrupt marital life of the petitioners.

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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 06.02.2026 at Arya Samaj Chauk, Prayagraj. A copy of the marriage certificate has been enclosed as Annexure-5 to this petition. In support of the petitioners being major, the petitioner Nos.1 & 2 have annexed copies of their educational mark sheet and transfer certificate as Annexures- 3 & 4 to this petition respectively, from which it emerges that both the petitioners are major. Further the petitioners, in the writ petition duly supported by an affidavit, have indicated that both the petitioners are major. It is contended that respondent No.5 is not happy with the marriage and as such he is creating

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CRLP No. 1464 of 2026

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hindrance in the peaceful married life of the petitioners. Learned counsel for the petitioners has further stated that no First Information Report has been registered against the petitioners in this regard.

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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 another- 2006 (5) SCC 475 , wherein the Apex Court in para-17 has observed as under:-

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

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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.

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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.

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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.

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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.

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CRLP No. 1464 of 2026

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The petitioners shall get their marriage registered under the "Uttar Pradesh Marriages Registration Rules, 2017" within two months from today.

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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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February 17, 2026 S. Shivhare

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

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Smt. Sunita Devi @ Sunita Yaadav and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Sunita Devi @ Sunita Yaadav and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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