WP/27854/2005 of G. Anil Kumar S/o Sri Ramanjaneyulu Vs State of A.P., rep by Secretary (Home) on 29 December 2005

ORDER:

Petitioner seeks a Writ of Mandamus to declare the action of the respondents in harassinghim and his wife by calling them to the police station as illegal and arbitrary.

Learned counsel for the petitioner submits that the petitioner fell in love with one Usha Raniaged about 24 years, petitioner being 23 years of age, as they were friends since fouryears. Their marriage took place against the wishes of the their parents at VenkateswaraTemple, Kothapally village, Yacharam Mandal, R.R. District on 19.12.2005 in the presence of their friends, as they were majors, as per Hindu rights and customs. Petitioner belongs toVysya Community and his wife belongs to Kaktiya Community. The learned counsel furthersubmits that at the instance of the father of the petitioner’s wife the second respondent isthreatening to register a case against them and arrest them without any justificationwhatsoever.

This Court is of the opinion that marriage of two persons belonging to different castes orcommunities or religions is not an offence under any law. Even if any marriage is performedagainst the wishes of the parents it cannot constitute any crime unless any of the partyinvolved in the marriage is minor.

Having regard to the facts and circumstances of the case, the second respondent is directed not to interfere with the personal life and liberty of thepetitioner and his wife and not to harass them without their being any complaint/reportalleging that the petitioner or his wife has committed a cognizable offence.

The writ petition is accordingly disposed of.

December 29, 2005

Note: Furnish C.C. of the order by 30.12.2005(B/O)

DSK

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V. ESWARAIAH, J