Deepika and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 4 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10276 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J.

¶1Case called out.

¶2None appears on behalf of the petitioners.

¶3Learned A.G.A. for the State-respondents No.1 to 3 is present.

¶4In view of the order proposed to be passed, notices to respondents No.4 & 5 are dispensed with.

¶5Instant writ petition has been filed seeking a writ of mandamus directing the respondents to secure the life and liberty of the petitioners and not to create any hindrance, disturbance and nuisance in the peaceful marital life of the petitioners.

¶6This Court, vide order dated 03.11.2025, has required the learned A.G.A. to seek instructions in the matter.

¶7Today, learned A.G.A. states on the basis of instructions sent by Shri Bal Mukund Yadav, Sub-Inspector, Thana Alapur, District Ambedkar Nagar dated 15.12.2025 that no F.I.R. has been registered against the petitioners.

¶8A perusal of the record indicates that both the petitioners are major and they have married each other on their own volition on 01.10.2025 in Shiv Baba Mandir, Ambedkar Nagar. In support of the petitioners being major, the petitioner Nos.1 & 2 have annexed their Aadhar Cards at page 15 & 12 to this petition respectively, from which it Versus Counsel for Petitioner(s) : Triloki Nath Yadav Counsel for Respondent(s) : G.A. Deepika And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others .....Respondent(s) emerges that both the petitioners are major. Further the petitioners, in the writ petition duly supported by an affidavit, have indicated that both the petitioners are major. It has also been contended that respondent Nos.4 & 5 are not happy with the marriage and as such they are creating hindrance in the peaceful married life of the petitioners.

¶9In this regard, it would be apt to refer to the judgment of the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. and another-2006 (5) SCC 475, wherein the Apex Court in para-17 has observed as under:- "17. .... 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 is not harassed by anyone nor subjected to threats or acts of violence, and anyone 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."

¶10The petitioners have also pleaded for protection under Article 21 of the Constitution of India which guarantees liberty to lead life of their own with dignity.

¶11Considering the aforesaid, the writ petition is disposed of with a direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner.

¶12It is made clear that if any F.I.R. is already registered on the issue, the order passed by this Court shall automatically stand discharged.

¶13It is however made clear that this Court has not entered into nor adjudicated the age of the petitioners nor veracity/validity of the alleged marriage.

¶10The petitioners shall get their marriage registered under the "Uttar CRLP No. 10276 of 2025 Pradesh Marriages Registration Rules, 2017" within two months from today.

¶14The Registrar of Marriages concerned is directed to process and issue the registration certificate to the petitioners, strictly in accordance with law, at the earliest. December 17, 2025 S. Shivhare CRLP No. 10276 of 2025 (Mrs. Babita Rani,J.) (Abdul Moin,J.) High Court of Judicature at Allahabad, Lucknow Bench