Smt. Payal & Anr. v. State Of U.P. And 3 Others
Case at a glance
Outcome
Disposed of
With the aforesaid observations, the writ petition is disposed of
Judgment
Petitioner :- Smt. Payal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Phool Chandra Counsel for Respondent :- C.S.C. Hon'ble Piyush Agrawal,J. The petitioners have preferred this writ petition for a direction upon the respondents not to interfere in their married life and also for protection of their lives and liberty. The petitioners claim that they are adults and living together out of their own freewill and their marriage was solemnized on 29.07.2022 and they have also filed application for registration of their marriage. It is stated that for the said reason, the private respondent and their other family members have got annoyed and there is serious danger to the lives of the petitioners as they are being threatened and harassed. In support of their age, the petitioners have brought on record their High School Certificates-cum-Marks Sheets; wherein, the date of birth of the petitioner no. 1 is shown as 23.08.1997 and that of petitioner no. 2 as 20.02.1993. Thus, it appears from the record that both the petitioners are major. The petitioners have averred in the writ petition that they are living as wife and husband. It is stated that they have apprehension that private respondent can eliminate them for the honour of their family. In case this Court does not grant them protection, their lives may be endangered. Heard learned counsel for the petitioners and learned Standing Counsel for the State-functionaries. In view of the order proposed to be passed, there is no need to issue notice to private respondent. With the consent of learned counsel appearing for the parties, this writ petition is being disposed of finally at this stage in terms of the Rules of the Court. The Supreme Court in a long line of decisions has settled the law that where a boy and a girl are major and they are living with their free will, then, nobody including their parents, has authority to interfere with their living together. Reference may be made to the judgements of the Supreme Court in the cases of Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234; Lata Singh v. State of U.P. and
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the aforesaid observations, the writ petition is disposed of
Which court decided this case, and when?
Allahabad High Court, on 27 Sep 2022.
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