Smt. Nagama & Anr. v. State Of U.P. Thru. Prin. Secy. Home Lko & Ors.
Case at a glance
- Bench
- RAJNISH KUMAR, ZAFEER AHMAD
Provisions considered
- Constitution of India art. 21
Judgment
Heard Sri Toofan Singh holding brief of Sri Surendra Kumar Misra, learned counsel for the petitioners and learned A.G.A. for the State.
In view of the proposed order, notice to opposite party no. 4 is dispensed with.
This petition has been filed for a writ of mandamus commanding the opposite parties to protect the married life of the petitioners as both are major.
At the outset learned A.G.A. has pointed out that there is no F.I.R. lodged against the petitioners.
It has been alleged that petitioners have entered into matrimonial relationship being above the age of majority. The grievance of the petitioners in the writ petition is that personal liberty of the petitioners is unduly interfered with by the police authorities without there being any complaint or F.I.R. lodged against them. The position in law as laid down by Apex Court in paragraph 17 of the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 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 2 CRLP No. 9976 of 2025 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 personal liberty to lead life freely in a dignified manner.
The petition is, therefore, disposed of with a direction to the opposite parties not to interfere in the peaceful life and personal liberty of the petitioners in any manner. October 17, 2025 Fahim/- (Zafeer Ahmad,J.) (Rajnish Kumar,J.) MOHD FAHIM AKHTAR MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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