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2013 Supreme(All) 2571

ALLAHABAD HIGH COURT
BEFORE : P.K.S. BAGHEL, J.
DEEPIKA AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 33919 of 2013, decided on 11th November, 2013)

Advocates:
Counsel :
Vinay Kr. Singh Chandel and Ram Niwas Singh for the Petitioners; C.S.C. for the Respondents.

Headnote:Constitution of India, 1950—Articles 21 and 226—Marriage—Major persons—Inter-caste marriage—Police harassment—Petitioners if are major, they have unfettered right to choice of a person with whom they want to live—No one including parents have right to object against—If any Police officer harasses young couple, who are major and are living together voluntarily, such Police officer will be at the risk of disobeying the mandate of Bhagwan Dass case—No police officer has authority to take any coercive action against them—Since both petitioners are major and are living with their free will, respodents directed not to interfere in their peaceful living. [Paras 27 to 31]

JUDGMENT

Hon’ble P.K.S. Baghel, J.—Petitioners have preferred this writ petition to seek issuance of a writ of mandamus or direction upon the respondents not to interfere in the peaceful marital life of the petitioners.

2. A brief reference to the factual aspects would suffice.

3. The petitioner No. 1 is stated to be wife of the petitioner No. 2. Her date of birth is 17th September, 1986, whereas date of birth of the petitioner No. 2 is 28th February, 1985. Petitioner No. 1 earned her Bachelor of Medicine and Bachelor of Surgery (M.B.B.S.) degree in the year 2010. The petitioner No. 2 did his Bachelor of Technology in Computer Science and Engineering. He stood first in his examination. Both the petitioners are thus major. It is stated that they were well acquainted with each other and, therefore, in cool mind, without there being any influence of any one, keeping in mind their life partner and in order to lead matrimonial life, they decided to marry. The parents of both the petitioners had objection about their marriage, presumably on the ground that they are from different caste, therefore, they decided and accordingly got their marriage performed on 04th June, 2013 at Arya Samaj Mandir, Arya Nagar, Ghaziabad. They have brought on record the marriage certificate issued by the Arya Samaj Mandir, Arya Nagar, Ghaziabad as Annexure-2 to the writ petition. It is stated that the petitioners also moved an application before the Registrar, Hindu Marriage-V, Ghaziabad for registration of their marriage. Registrar, Hindu Marriage-V, Ghaziabad has also issued a marriage registration certificate dated 04th June, 2013, which has been brought on record as Annexure-4 to the writ petition.

4. It is alleged by the petitioners that respondent No. 4, father of the petitioner No. 1, influenced the Senior Superintendent of Police, Hapur, the respondent No. 2, for harassment/torture of the petitioners, on account of which the police personnel of Police Station Hapur came to the petitioners’ house and harassed them as well as family members of the petitioner No. 2. Thereupon, both the petitioners approached the respondent No. 2 and made a complaint against the local police. However, in spite of the said complaint made to the respondent No. 2, local police again came at the house of the petitioners and threatened them. Therefore, having no other remedy, the petitioners have approached this Court for a direction upon the respondents not to interfere in the peaceful marital life of the petitioners. The principal ground of the writ petition is violation of their fundamental right under Article 21 of the Constitution.

5. In this Court, large numbers of the writ petitions under Article 226 of the Constitution of India are filed on somewhat similar facts and for similar reliefs. Keeping in view huge number of cases every day, Hon’ble the Chief Justice of this Court has assigned a separate jurisdiction to a Single Judge Bench under the caption of “couple matters”. The common grievance of the petitioners in these writ petitions is that they are major and they wish to live with each other, but they are being subjected to harassment by the local police at the behest of their unwilling parents. In these petitions, some of the petitioners claim that they have married in accordance with their religion/faith. There are cases of inter-religion marriages also. In some cases, petitioners also file marriage certificates duly issued by the Registrar (Marriage) to establish that they are legally wedded couple.

6. This Court is not concerned whether marriage in such cases is valid or not. These writ petitions cannot be treated as a short cut for a certificate of this Court regarding legality of marriage of the petitioners. But an important issue raised in these petitions is regarding the fundamental rights of the petitioners guaranteed under Article 21 of the Constitution. Can this Court be a silent spectator, when its extraordinary jurisdiction under Article 226 of the


















































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