THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.20559 of 2025

ORDER

Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 3, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. The case of the petitioner, in brief, is that, respondent No.3 is harassing the petitioner and compelling him to come to police station without issuing any notice and without following due process of law, which action of the 3^rd respondent-authority it is contended as highly illegal, arbitrary and in violation of Articles 14, 19 and 21 of the Constitution of India, with a consequential direction to respondent No.3 not to harass and call the petitioner to the police station without issuing any notice.

behalf of respondent Nos.1 to 3, while denying the writ averments, would submit that one Smt.Sayeeda Afsan had approached the respondents- authorities and lodged a complaint on 10.07.2025 claiming that the petitioner herein had married her suppressing the fact of existence of first marriage and sought for initiation of action against the petitioner.

4. Learned Government Pleader further submits that on receiving the aforesaid complaint, the authorities have made a GD entry, and since, the contents of the complaint disclose matrimonial dispute, the authorities have called the petitioner to attend for counseling as per the law laid down by the Apex Court in Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1; and that the petitioner and his first wife without attending the counseling, by making false and wild allegations, had approached this Court by the present Writ Petition.

5. Learned Government Pleader further submits that the respondents- authorities based on the aforesaid complaint lodged by Smt.Sayeeda Afsan claiming herself to be the wife of the petitioner, have called the petitioner only for the purpose of counseling, and except causing preliminary enquiry into the complaint lodged by against the petitioner, the authorities are not harassing or compelling the petitioner to come to police station.

authorities sought to issue notice to the petitioner on 11.07.2025 calling him to attend counseling, however, he had refused to receive the same.

7. I have taken note of the respective contentions urged.

8. Having regard to the fact that a complaint has been lodged against the petitioner on 10.07.2025 by Smt.Sayeeda Afsan alleging the petitioner having married her suppressing the factum of his earlier marriage and the respondents-authorities have called the petitioner for the purpose of counseling into the matrimonial dispute, this Court is of the view that the respondents-authorities are to be permitted to take further action on the said complaint.

9. However, as it is stated before this Court that the respondents- authorities have initially tried to serve notice dt.11.07.2025 on the petitioner to enable him to attend counseling and the petitioner having refused to receive the same, this Court is of the view that the petitioner should be directed to approach the respondents-authorities to receive the aforesaid notice and to attend counseling and in the event of the counseling not yielding any results, the respondents-authorities are directed to take further action strictly in accordance with law.

10. Subject to above direction, the Writ Petition is disposed of. No order as to costs.

11. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ T. VINOD KUMAR, J Date:17.07.2025 GJ