Allahabad High Court
Mohini Singh & Anr. v. State of U.P. thru. Secy. Home Deptt. Lko. & Ors.
CRLP/5568/2026
- Decision date
- 2026-06-08
- Text availability
- Full text
- Judges
- Rajeev Bharti, Rajnish Kumar
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 5568 of 2026 Mohini Singh And Another .....Petitioner(s) Versus State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Bal Krishna Shukla Counsel for Respondent(s) : G.A. Court No. - 2 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV BHARTI, J. 1. Heard Sri Bal Krishna Shukla, 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 19.09.2025 as per Hindu rites at Arya Samaj Vaidik Mandal (Regd.), 20, Khanna Market, Tis Hazari Court, Delhi. Copy of their marriage certificate issued from the Arya Samaj is annexed as Annexure No.3 to the writ petition. In regard to their age, the petitioner No.1 and the petitioner No.2 have annexed copies of their Aadhar Card as Annexure Nos.1 and 2 to the writ petition respectively. 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 CRLP No. 5568 of 2026 2 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. (Rajeev Bharti,J.) (Rajnish Kumar,J.) June 8, 2026 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench