Allahabad High Court
Nasimun & Anr. v. State of U.P thru. Secy. Home Lko. & Ors.
CRLP/5595/2026
- Decision date
- 2026-06-09
- 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. - 5595 of 2026 Nasimun And Another .....Petitioner(s) Versus State Of U.P Thru. Secy. Home Lko. And Others .....Respondent(s) Counsel for Petitioner(s) : Sumit Chauhan, Meenakshi Singh, Pratibha Maurya Counsel for Respondent(s) : G.A. Court No. - 2 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV BHARTI, J. 1. Heard Ms. Pratibha Maurya, 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 19.05.2026 as per Muslim rites. Copy of their marriage certificate is annexed as Annexure No.4 to the writ petition. In regard to their age, the petitioner No. 1 has annexed copy of her Aadhar Card, 8th Class Mark-sheet and PAN Card, and petitioner No. 2 has filed his Aadhar Card and PAN Card. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners till date. However, father of petitioner No. 1/opposite party No. 4 herein, being annoyed with their marriage, is creating hindrance in order to 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 CRLP No. 5595 of 2026 2
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 9, 2026 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench