Smt Kumari Lakshmi and Another vs State of U.P… — Writ and Judicial Review | Allahabad HC (2026)

Smt Kumari Lakshmi and Another vs State of U.P… — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Direction to police authorities to protect the petitioners from any threat to their lives and liberty and from any threat or act of violence or harassment by anyone/Respondent No.4, and to initiate criminal proceedings as provided by law against any person who threatens, harasses or commits violence against them.

Issue for consideration

Whether the petitioners, who claim to have solemnized marriage after attaining majority, are entitled to a writ of mandamus directing the respondents not to interfere in their peaceful marital life and directing respondent Nos. 2 to 4 to provide adequate protection to their life and liberty from respondent No.4.

Court's answer

Police authorities are directed to protect the petitioners from any threat to their lives and liberty and from any threat or act of violence or harassment by anyone/Respondent No.4; if anyone himself or at his instigation threatens, harasses or commits an act of violence, the police authorities of the concerned district will initiate criminal proceedings against such person as provided by law.

Ratio / Principle

The basis for protection was that the petitioners solemnized marriage after attaining their majority as per their personal law, applied for registration of the marriage, and both petitioners are governed by the same religion.

Key takeaways

Notice to respondent No.4 was dispensed with because the case related only to saving the life and liberty of the petitioners and there was no other point for consideration at that time.ratio¶16

Detailed headnote1 paragraphs

Constitution of India, Article 226 — writ of mandamus for protection of life and liberty of a married couple. Petitioners, stated to be majors, solemnized their first marriage on 23.3.2026 and applied for online registration of the marriage (pending); apprehending threat to their life and liberty and interference in their married life from respondent No.4, they sought a direction that the respondents not interfere or harass them and that respondent Nos. 2 to 4 provide adequate protection. Notice on respondent No.4 was dispensed with, the case relating only to saving the petitioners' life and liberty. HELD: as the petitioners married after attaining majority as per their personal law, applied for registration, and both are governed by the same religion, the police authorities are directed to protect them from any threat, act of violence or harassment, and to initiate criminal proceedings against any person who threatens or harasses them; petition disposed of. (Counsel relied on Lata Singh v. State of U.P., (2006) 5 SCC 475.)

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 12926 of 2026

Smt Kumari Lakshmi And Another

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Asif Hasan, Tufail Hasan
Counsel for Respondent(s)	: C.S.C.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Shri Asif Hasan, learned counsel for the petitioners and learned Standing Counsel and perused the record. After service of notice upon the private respondent no. 4 none has appeared for the respondent no. 4.

Present petition under Article 226 of Constitution of India has been filed with a prayer to issue a writ of mandamus directing the respondents not to interfere, harass or cause any interference in the peaceful marital life of the petitioners and further direct the respondent Nos. 2 to 4 to provide adequate protection to protect their life and liberty from respondent No.4.

Learned Counsel for the petitioners submits that the petitioners attained their age of majority and they solemnized their first marriage on 23.3.2026 and no F.I.R. has been lodged against the petitioner No.2 as per his knowledge and they have apprehension of threat to their life and liberty. The petitioners applied for online registration of the marriage, which is pending.

After solemnizing marriage by the petitioners they complained to the police authorities about the apprehension of threat to their life and liberty from respondent No.4, who threatened the petitioners for dire consequences and wanted interference in their married life.

Learned counsel for the petitioners relied upon the judgment of Supreme Court in Lata Singh Vs. State of U.P. and another, (2006) 5 SCC 475.

Present case is related to only saving the life and liberty of the petitioners and there is no other point for consideration at this time. Due to this reason notice to Respondent No.4 is dispensed with.

WRIC No. 12926 of 2026

2

As the petitioners have solemnized marriage after attaining their majority as per their personal law and applied for registration to register their marriage and both the petitioners are governed by same religion.

In view of above facts and circumstances of the case, police authorities are directed to protect the petitioners from any threat of their lives and liberty of peaceful living by harassment of anyone/Respondent No.4 from any threat or act of violence or harassment. If anyone himself or at his instigation anyone threats, harasses or commits act of violence, the police authorities of the concerned district will initiate the criminal proceedings against such person as provided by law.

The present petition is disposed of accordingly.

May 6, 2026 A.

(Sanjay Kumar Pachori,J.)

Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad