IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Preeti – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the petitioners and Sri Yogesh Kumar, learned Standing Counsel for the State-respondents.
2. By means of the present writ petition, the petitioners have prayed for a writ in the nature of mandamus directing the respondents not to interfere in their peaceful marital life.
3. Pursuant to earlier order dated 17.12.2025, learned Standing Counsel has produced instructions which are taken on record and he stated, on the basis of instructions, that marriage of the petitioners was solemnized in Arya Samaj, Bareilly. It is also stated that one F.I.R. as Case Crime No. 596 of 2025, under Sections 87 , 115(2), 351, 352, 351(2) of B.N.S., P.S. Qila, District Bareilly, was registered against the petitioner no. 2, however, after investigation Final Report No. 103 of 2025, was submitted by the Investigating Officer on 18.12.2025 since the victim/petitioner no. 1, was a major girl and she did not support the prosecution story when her statements under Section 180 of B.N.S.S. and 183 of B.N.S, were recorded. All the documents of the petitioners have been verified and no forged documents were appended by the petitioners.
4. This writ petition
Marriage with groom below 21 years is voidable, not void; couples entitled to police protection under Article 21 against family interference, irrespective of marriage validity.
Marriage where one party below marriageable age is voidable, not void; courts must protect couple's life and liberty under Article 21 irrespective of marital validity.
Marriage with party below marriageable age voidable not void; Article 21 protection for life/liberty of majors paramount over validity disputes, mandating state safeguards against family harassment.
The fundamental right to protection of life and liberty under Article 21 of the Constitution of India must be upheld, regardless of the validity of the marriage.
The right to life and personal liberty extends to individuals in live-in relationships, necessitating state protection against familial threats, irrespective of marriageability or societal norms.
The fundamental right to protection under Article 21 of the Constitution of India must be upheld, regardless of the validity of the marriage under the Hindu Marriage Act.
The fundamental rights of individuals, as envisaged in the Constitution of India, cannot be deprived solely based on the non-marriageable age of one of the parties involved in a marriage.
The court emphasized the fundamental right to life and liberty under Article 21, asserting protection for adults in a live-in relationship against familial threats, regardless of marriageable age.
The duty of the State to protect the fundamental rights of every citizen, regardless of the validity of the marriage under the Hindu Marriage Act, emphasizing the protection of life and liberty under....
The legal point established is the requirement for a live-in relationship to fulfill conditions akin to marriage and the need for evidence of a permanent relationship to be considered for protection ....
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