The court relied on the Supreme Court directions to protect the life and liberty of the petitioners from any threat arising from their marriage, emphasizing the freedom to marry and the prevention of harassment and violence in inter-caste or inter-religious marriages.

Saumitra Dayal Singh, J.

1. By means of present writ petition, the petitioners have prayed for direction in the nature of mandamus directing the respondents not to interfere in their peaceful married life.

2. Learned counsel for the petitioners submits that petitioner no. 1 & 2 have attained the age of majority and that their marriage was solemnized according to Islamic laws and customs on 22.05.2017. Petitioners state that this is their first marriage. Petitioners further assert that no F.I.R. has been registered against them in respect of the same and that their marriage was solemnized with their free consent without duress on any party. The petitioners further allege that they are being threatened and harassed by respondent no. 3 for reason of having thus got married.

3. Heard Sri Anand Pandey, Advocate holding brief of Sri Achyuta Nand Pandey, learned counsel for the petitioners and Sri Bhaktiyar Yusuf, learned Standing Counsel for the State respondents.

4. Petitioner no. 1 Smt. Nasreen Fatima and petitioner no. 2 Shamshad are present in the Court and are duly identified by their counsel Sri Anand Pandey, Advocate holding brief of Sri Achyuta Nand Pandey, Advocate.

5. In Lata Singh vs. State of U.P. 2006 Cr. L.J. 3309 while dealing with a case of harassment by the parents of the boy and girl, who had entered into inter-caste marriage, the Supreme Court has issued directions to the Administration/Police authorities throughout the country in the following terms:-

"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 inter-religious 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 inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one 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."

(Emphasis supplied)

6. In Bhagwan Dass vs. State (NCT of Delhi), (2011) 6 SCC 396 the Supreme Court held in paragraph 28 and 29 as under:-

"28...... Often young couples who fall in love have to seek shelter in the police lines or protection homes, to avoid the wrath of kangaroo courts. We have held in Lata Singh case that there is nothing "honourable" in "honour" killings, and they are nothing but barbaric and brutal murders by bigoted persons with feudal minds. In our opinion honour killings, for whatever reason, come within the category of the rarest of rare cases deserving death punishment. It is time to stamp out these barbaric, feudal practices which are a slur on our nation. This is necessary as a deterrent for such outrageous, uncivilised behaviour. All persons who are planning to perpetrate "honour" killings should know that the gallows await them.

29. Let a copy of this judgment be sent to the Registrars General/ Registrars of all the High Courts who shall circulate the same to all the Judges of the Courts. The Registrars General/ Registrars of the High Courts will also circulate copies of the same to all the Sessions Judges/Additional Sessions Judges in the States/Union Territories. Copies of the judgment shall also be sent to all the Chief Secretaries/Home Secretaries/Directors General of Police of all States/Union Territories in the country. The Home Secretaries and Directors General of Police will circulate the sam