1. Heard Sri Mrityunjay Singh, learned counsel for the petitioners and Sri Suresh Babu, learned Standing Counsel for the State-respondents.
2. By means of the present writ petition, the petitioners have prayed for a direction in the nature of mandamus directing the respondents not to interfere in their peaceful marital life.
3. It is submitted that both the petitioners are major. As per the High School (10th) Examination Result-2011/Computer Generated Provisional Score Card of petitioner no. 1, her date of birth is 02.10.1996. The date of birth of petitioner no. 2 is 15.07.1994 as mentioned in his High School (10th) Examination Result-2011/Computer Generated Provisional Score Card. It is further stated that petitioner no. 1 and petitioner no. 2 have performed their marriage out of their own free will and volition. They got their marriage registered under "Uttar Pradesh Marriage Registration Rule, 2017" on 15.07.2022 (copy whereof is on record).
4. The prayer of the petitioners in the petition, which is supported by a joint affidavit given by petitioner no. 1 and petitioner no. 2, is that, as they have solemnized marriage between them out of their own free will and volition therefore, they should be protected from any kind of harassment and victimization by the respondents.
5. Learned Standing Counsel submits that as per instructions received, no F.I.R. has been lodged in this matter.
6. In view of the order proposed to be passed, requirement of notice to the private respondents is dispensed with.
7. In Lata Singh Vs. State of U.P. & Anr. (2006) 5 SCC 475, while dealing with a case of harassment by the parents of the boy and girl, Hon'ble Supreme Court 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 intercaste 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 interreligious 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."
8. In view of the above, this writ petition is disposed of with the direction to the respondents to not to interfere in their peaceful marital life in any manner whatsoever. In case, any disturbance is caused, the petitioners may approach the Superintendent of Police concerned with the copy of this order for necessary action.
9. However, it is being provided that if it is found that any false fact has been mentioned in this writ petition for the purpose of misleading this Court, the respondents shall be at liberty to take suitable legal action including recall of the instant order.
10. It is further made clear that this Court has not adjudicated upon the factum of alleged marriage, its validity or any other matter essentially connected therewith.
