Shekhar Pant And Another vs State Of U.P. Thru. Prin. Secy. Deptt. ...

1. Heard Sri Samarth Srivastava, learned counsel for the petitioners and learned A.G.A. for the State.

2. In view of order proposed to be passed, notice to respondent no. 4 is dispensed with.

3. This petition seeks issuance of direction in the nature of mandamus directing the opposite parties not to harass the petitioners and interfere in their peaceful married life.

4. It is stated by learned counsel for the petitioners that both the petitioners are major and they have married with each other by their own free will on 22.04.2026 as per Hindu rites at Vedant Sanatan Hindu Seva Mandir, 32- Vidhan Khand-3, Laulai, Chinhat, Lucknow. Copy of their marriage certificate issued from the aforesaid organization is annexed as Annexure No.2 to the writ petition. In regard to their age, the petitioners have annexed copies of their High School Marksheet-cum-Certificate and copies of their PAN Card as Annexure No.1 to the writ petition. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners till date. Learned counsel for the petitioners further submits that petitioners are in the process of getting their marriage registered and shall get it done at the earliest. However, opposite party no.4, being annoyed with their marriage, is creating hindrance in order to disturb their matrimonial life with the help of police authority of concerned police station. So, they have approached this Court, for redressal of their grievances, by filing the present writ petition.

5. Learned counsel for the petitioners has relied upon the law laid down by the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475. Paragraph 17 of the judgment reads as under:-

"17..... 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 women 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."

6. The 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.

7. The petition is, therefore, disposed of with a direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner.

8. It 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.

9. In case any First Information Report has been lodged in the matter, this order shall stands automatically vacated.

(Mrs. Babita Rani,J.) (Rajnish Kumar,J.)

May 6, 2026

Saurabh