Smt. Sonam & Anr. v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko

Smt. Sonam And Another Versus .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) Counsel for Petitioner(s) Counsel for Respondent(s) Rahul Srivastava : : G.A. Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard learned counsel for the petitioners and learned A.G.A. for the State-Respondents.

In view of the order proposed to be passed, notice to respondent No.4 is hereby dispensed with.

This writ petition has been filed seeking a writ of mandamus directing the opposite parties not to interfere in the peaceful marital life of the petitioners and to provide protection to them.

The learned counsel for the petitioners has submitted that the petitioners are major and have married each other on their own volition on 22.09..2025 in Arya Samaj Mandir, Chinhat, Lucknow. A certificate issued to this effect has been enclosed as Annexure No.1 with this petition. Copy of Aadhar Card and PAN Card of petitioner no.1 have been enclosed Annexure No. 2 with this petition to substantiate that petitioner No.1 is major as her date of birth is 01.01.2007. The copy of Aadhar Card and PAN Card of petitioner no.2 has also been enclosed as Annexure No. 3 to this writ petition, as per which the dated of birth of the petitioner No. 2 is 01.01.1997. It is contended that opposite party no.4 is not happy with the marriage and as such he is creating hindrance in the peaceful married life of the petitioners. Learned counsel has further stated that no First Information Report has been registered against the petitioners in this regard.

In Lata Singh Vs. State of U.P. and Another, 2006 (5) SCC 475, the Hon’ble Supreme 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 2 CRLP No. 9311 of 2025 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. "

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.

It 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.

The petitioners shall get their marriage registered under the "Uttar Pradesh Marriages Registration Rules, 2017" within two months from today, failing which this order will automatically come to an end.

The Registrar of Marriages concerned is directed to process and issue the registration certificate to the petitioners as per law at the earliest.

However, it is made clear that this Court has not entered into nor adjudicated the age of the petitioners nor veracity/validity of the alleged marriage. (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) September 26, 2025 Abhishek Gupta ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench