HIGH COURT OF JUDICATURE AT ALLAHABAD Aman Gupta And Another .....Petitioner(s)

Versus State Of U.P. And 5 Others .....Respondent(s)

Counsel for Petitioner(s) : Brij Raj Singh, Virpratap Singh Counsel for Respondent(s) : C.S.C.

Court No. - 81 HON'BLE VIVEK KUMAR SINGH, J.

1. Supplementary affidavit filed today is taken on record.

2. Pursuant to earlier order dated 05.12.2025, learned Standing Counsel has produced instructions, which are taken on record. As per the instructions, the marriage of the petitioners has been registered on 19.12.2025 and the family members of the petitioners are not threatening them for dire consequences.

3. Heard learned counsel for the petitioners and Sri Yogesh Kumar, learned Standing Counsel for the State respondents.

4. 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 and also for a direction to provide protection. 5. Learned counsel for the petitioners submits that petitioners are major and have solemnized their marriage on 24.11.2025 as per rites and customs and the marriage of the petitioners has been registered on 19.12.2025 (Annexure No.S.A.-1). He further submits that this is their first marriage. It is further asserted that no FIR 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. It is further alleged that petitioners are being threatened and harassed by respondents for reason of having thus got married.

6. In Lata Singh vs. State of UP 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, Hon'ble 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."

7. In Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 Hon'ble 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 behavior. 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 th