Vijendra Singh and Another vs State of U.P. and 3 Others

Heard Sri Neeraj Agarwal, learned counsel for the petitioners, Sri Pramit Kumar Pal, learned Standing Counsel for the respondents no. 1, 2 and 3 and perused the record.

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The writ petition has been filed by the petitioners Vijendra Singh and Anjali with the following prayers:-

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"It is, therefore, Most Respectfully prayed that this Hon'ble Court may kindly be pleased to:-

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i) issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the peaceful married life of the petitioners as husband and wife, in the interest of justice.

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issue a writ, order or direction in the nature of mandamus directing the respondents no.2 and 3 to provide protection and security the petitioners.

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iii) issue any other suitable writ, order or direction to which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

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iv) award the cost of petition to the Petitioners."

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WRIC No. 33389 of 2025

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Submission of learned counsel for the petitioners is that the petitioner no. 1 is major having date birth 21.3.2003 as mentioned in High School Certificate-cum-Marks Sheet, copy of which is annexed as annexure no. 1 to the petition and further the petitioner no. 2 is also major having date of birth 01.01.2007 as per birth certificate issued by Gram Sabha, Saraiya Mafi, copy of which is annexed as annexure no. 2 to the writ petition. It is submitted that both the petitioners have solemnized marriage and are living together as husband and wife but the opposite party no. 4 being father of the petitioner no. 2 is interfering in their life and is troubling them, para-16 of the writ petition has been placed for the same. While placing para-13 of the writ petition it is submitted that no First Information Report has been lodged against the petitioners by the respondent no.4 till date.

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Learned Standing Counsel submits that as per his instructions received the documents annexed with the present petition are true and genuine and the petitioners are major.

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The Apex Court in Lata Singh vs. State of U.P., AIR 2006 SC 2522 has held that it is the right of major individuals to live together or to solemnize marriage and no interference with such right is permissible.

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In view of the law settled, it goes without saying that in case any interference with the life and liberty of the petitioners is made or any threat is extended to them, they shall be at liberty to approach the concerned Superintendent of Police, who shall examine petitioners' grievance and take all steps, as may be warranted in law, to ensure that life and liberty of the petitioners is not interfered with by private respondent(s).

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Since the writ petition is being disposed of at the stage of fresh motion itself and notices have not been issued to private respondent, as such, liberty is given to them to file a recall, in case any of the averments made in the writ petition are found to

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WRIC No. 33389 of 2025

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be incorrect, and this order shall stand automatically vacated, in case any First Information Report has been lodged in the matter.

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