Individuals major in age have the right to marry freely, and any interference by family members in inter-caste marriages is illegal.

ORDER

Petitioners are present in person.

By way of present petition petitioners seek the following reliefs:-

"(i) To issue a writ in nature of mandamus to direct the respondent no.1 to not initiate any coercive action upon the complaint of respondent no.3, in the interest of justice.

(ii) To issue a writ in nature of mandamus to provide a proper security from the respondent no. 2 and his relatives to the petitioners further direct the respondent no.2 and 2 to not harass and torture to the petitioners, in the interest of justice.

(iii) Any other relief may also be granted to the petitioner in such a case."

2. It is the case of the petitioners that they are major and are Hindus by religion belonging to different caste and society. The petitioner No.1 belong to Yadav community however, the petitioner No.2 belongs to Kushwaha community. Their marriage have been solemnized on 09.01.2026 from the Hindu Vivah Sansthanam Samiti, Bhopal as per Hindu Rites and Rituals with consent of each other without any pressure, fear and greed. The copy of marriage certificate is brought on record as Annexure P/1. They have also produced the marksheets to prove that they are adults. The petitioner No.1 is aged about 23 years and petitioner No.2 is aged about 19 years. It is pointed out that the family of the petitioner No.2 along with other members of the community are attempting to initiate criminal proceedings against the petitioner. It is submitted that the respondent No.3-father of petitioner No.1 is unnecessarily harassing and torturing the petitioners by compelling him them to dissolve the marriage. He has lodged false complaint before respondent No.2 against petitioner No.2.

3. It is submitted that the petitioners are legally entitled to marry and reside with a person of their own choice. The petitioners have solemnized their marriage in accordance with the social customs and are presently living together in peace. It is submitted that no person or authority has the right to interfere with the realization of that choice. Even otherwise, obstructing an individual's right to choose their partner amounts to a direct assault on the essence of dignity itself. It is argued that the Hon'ble Supreme Court has granted protection to such kind of inter-caste marriages; wherein, the parents being unhappy lodge false reports. Learned counsel for the petitioner has placed reliance upon the judgment passed by the Supreme Court in the case of Lata Singh Vs. State of U.P. and Another reported in (2006) 5 SCC 475 and in the case of Shakti Vahini Vs. Union of India and others reported in (2018) 7 SCC 192. Hence, this petition.

4. Per contra, learned counsel appearing for the State has vehemently opposed the contentions raised by the petitioners, but he could not dispute the fact that the petitioners are major and they have solemnized their marriage on their own free will.

5. Heard the learned counsel for the parties and perused the record.

6. It is not in dispute that the petitioners are majors and they have solemnized their marriage on 09.01.2026. The family of the petitioner No.1 are attempting to initiate criminal proceedings against the petitioners and they have been threatened to falsely implicate them in a criminal case.

7. The Hon'ble Supreme Court in the case of Lata Singh (supra) has held as under:-

"This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone shelikes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law. Hence, we cannot see what offence was committed by the petitioner, her husband or her husband's relatives.

We are of the opinion that no offence was committed by any of the accused and the whole criminal case in question is an abuse of the process of the Court as well as of the administrative machinery at the instance of the petitioner's brothers who were only furious becau