WRIC/24336/2020 of NEHA YADAV @ JANNAT SHAIKH AND ANOTHER Vs STATE OF U P AND 3 OTHERS on 18 December 2020

Case :- WRIT - C No. - 24336 of 2020

Petitioner :- Neha Yadav @ Jannat Shaikh And AnotherRespondent :- State Of U P And 3 OthersCounsel for Petitioner :- Hari Shankar ChaurasiaCounsel for Respondent :- C.S.C.

Hon'ble Ashwani Kumar Mishra,J.

This petition has been filed by the petitioners for a directionupon the respondents not to interfere with their marital life andliberty. It is claimed that both petitioner nos.1 and 2 are majorand have solemnized marriage out of their own free will. It isalleged that private respondent/s is interfering with their maritallife and liberty. It is also alleged that the petitioners havealready applied onlinefor registration of their marriage andthey undertake to get their marriage registered within a periodof four weeks.

Law is settled that it is the right of married couple to livepeacefully without any interference in case they are major.Hon'ble Supreme Court in Lata Singh Vs. State of U.P., AIR2006 SC 2522 has already issued following directions in para-17 which reads as Under:- "The caste system is a curse on the nation and the sooner it is destroyed the better. Infact, it is dividing the nation at a time when we have to be united to face the challengesbefore the nation unitedly. Hence, inter-caste marriages are in fact in the national interestas they will result in destroying the caste system. However, disturbing news are comingfrom several parts of the country that young men and women who undergo inter-castemarriage, are threatened with violence, or violence is actually committed on them. In ouropinion, such acts of violence or threats or harassment are wholly illegal and those whocommit them must be severely punished. This is a free and democratic country, and oncea person becomes a major he or she can marry whosoever he/she likes. If the parents ofthe boy or girl do not approve of such inter-caste or inter-religious marriage themaximum they can do is 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 theperson who undergoes such inter-caste or inter- religious marriage. We, therefore, directthat the administration/police authorities throughout the country will see to it that if anyboy or girl who is a major undergoes inter-caste or inter-religious marriage with a womanor man who is a major, the couple are not harassed by any one nor subjected to threats oracts of violence, and any one who gives such threats or harasses or commits acts ofviolence either himself or at his instigation, is taken to task by instituting criminalproceedings by the police against such persons and further stern action is taken againstsuch persons as provided by law."

In view of the clear enunciation of law by the Hon'ble ApexCourt in the above matter, it is obligatory for the concernedauthorities to ensure compliance of the above directions in viewof Article 141 of the Constitution of India. Above law has sincebeen reiterated in Bhagwan Dass Vs. State (NCT of Delhi),(2011) 6 SCC 396. In case petitioners face any genuine threat totheir life and liberty, or they are harassed, contrary to law laid down in Lata Singh (supra), it shall be open for them toapproach the Senior Superintendent of Police of the Districtconcerned and furnish necessary details in that regard, likeproof of their majority, marriage and alleged harassment etc.,who shall take all steps as may be required in law to ensure thatpetitioners' life and liberty are not interfered with, keeping inview the directions issued in Lata Singh (supra). The filing ofthis petition or the order of its disposal, however, would not betreated as proof of marriage between the petitioners.

Conclusion

Since the writ petition is being decided at the stage of freshmotion itself and notice has not been issued to privaterespondent/s, as such, liberty is given to them to file a recall, incase any of the averments made in the writ petition are found tobe incorrect, and this order shall stand automatically vacated, incase any First Information Report has been lodged in the matter.

Subject to the observations made above, the writ petition standsdisposed of.

Order Date :- 18.12.2020Anil