IMPORTANT POINT
Interfaith couples must comply with conversion laws to seek legal protection for their relationship under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

JUDGMENT :

Hon'ble Mrs. Renu Agarwal, J.-Heard Sri Vijay Kumar Tiwari, learned counsel for the petitioners and Sri Yogesh Kumar, learned Standing Counsel for the State.

2. The present petition under Article 226 of the Constitution has been preferred by the petitioners with the following prayers:

''(i) Issue a writ order or direction in the nature of mandamus commending the respondents not to harass/torture/illegally arrest the petitioners or to interfere or create hindrance in the peaceful living of the petitioners as living husband and wife and to protect the life and liberty of the petitioners.?

(ii) Issue a writ order or direction in the nature of mandamus as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

(iii) Award the cost of the writ petition to the petitioners.''

3. It is submitted by the learned counsel for the petitioners that both the petitioners have attained the age of majority. As per high school certificate-cum-marks sheet the date of birth of petitioner No. 1-Mariya Zameel Urf Riya is 25.12.1999 and she is aged about more than 24 years and as per pan card the date of birth of the petitioner No. 2-Mihir Pandey is 4.3.2000 and he is aged about more than 23 years. It is submitted that both the petitioners are major and they developed love affair and solemnized their marriage on 1.1.2024, as per Rituals of Arya Samaj. Copy of marriage certificate issued by Arya Samaj is annexed as Annexure 5 to the petition. They have applied on-line for registration of their marriage before the competent authority, which is pending. Copy of on-line application for registration of marriage is annexed as Annexure 6 to the petition. Learned counsel for the petitioners has averred in the writ petition that they are living as wife and husband and their relationship is not relished and agreed by private respondent No. 4 and he is interfering in their marital life. The petitioners apprehend danger to the life and liberty from respondent No. 4, therefore, the indulgence of this Court is sought. Petitioner No. 1 has also moved an application before the Senior Superintendent of Police, Varanasi on 17.1.2024 by registered post, seeking protection for herself and petitioner No. 2 from respondent No. 4, but no action has been taken by police authorities in the matter. Copy of application dated 17.1.2024 is annexed as Annexure 1 to the supplementary-affidavit dated 29.1.2024. Therefore, present petition moved by the petitioners for issuance of mandamus against respondent No. 4.

4. On the other hand, learned Standing Counsel submitted that both the petitioners are different religion and either of the parties have not applied for conversion of their religion, as per Sections 8 and 9 of Conversion Act. The Muslim women cannot solemnized her marriage with Hindu man as per the rituals of Arya Samaj, in Hindu Marriage Act. Hence opposed the prayer of petition.

5. I have heard the rival submissions of learned counsel for the parties and perused the record.

6. From the perusal of record it transpires that both the petitioners have attained the age of majority. As per high school certificate-cum-marks sheet the date of birth of petitioner No. 1-Mariya Zameel Urf Riya is 25.12.1999 and she is aged about more than 24 years and as per pan card the date of birth of the petitioner No. 2-Mihir Pandey is 4.3.2000 and he is aged about more than 23 years. Both the petitioners are major and they developed love affair and solemnized their marriage on 1.1.2024, as per Rituals of Arya Samaj. They have applied on-line for registration of their marriage before the competent authority, which is pending.

7. Reliance has been placed on the judgment passed by Co-ordinate Bench of this Court in case of Razia and another v. State of U.P. and others passed in Writ-C No. 27338 of 2023, in which Co-ordinate Bench of this Court relying upon various judgment granted protection to the couple living in live-in-relationship. Learned counsel for the