The Superintendent of Police shall provide immediate protection to the married couple living together in case of any disturbance in their peaceful living: Allahabad High Court.

Court No. 70 Case : WRIT C No. 287121 Petitioner : Smt. Saima And Another Respondent : State Of U.P And 3 Others Counsel for Petitioner : Firoz Haider Counsel for Respondent : C.S.C Hon ble Mohd. Aslam J 1. Heard learned counsel for the petitioners and learned counsel for the for the State respondents. 2. By means of present writ petition the petitioners have prayed for direction in the nature of mandamus directing the respondents not to interfere in their peaceful matrimonial life. 3. Learned counsel for the petitioners submits that the petitioners are major and have solemnized their marriage with each other according to Muslim Rites and Custom on 24.1.2021. No first information report has been registered against them. 4. As per notification of this Court on account of prevailing Covid 19 pandemic the clients are not permitted to enter into the Court premises unless otherwise their presence is directed by the Court as such the petitioners are not present in the 5. The petitioners claim to be adults and married to each other of their own freewill and for that they are being threatened and to has issued directions 6. In Lata Singh vs. State of UP 2006 Cr.L.J. 3312 while dealing with a case of harassment by the parents of the boy and girl who had entered into inter caste marriage Hon ble Supreme Court Administration Police authorities throughout the country in the This is a free and democratic country and once a person becomes a major he or she can marry whosoever he she likes If the parents of the boy or girl do not approve of such inter caste or inter religious marriage the maximum 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 the person who undergoes such inter caste or inter religious marriage. 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 woman or man who is a major the couple are not harassed by any one nor subjected to threats or acts of violence and any one 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." 7. In Bhagwan Dass v. State(2011) 6 SCC 396 Hon ble Supreme Court held in paragraph 28 and 29 as 28. ..... Often young couples who fall in love have to seek shelter in the police lines or protection homes to avoid the wrath of kangaroo courts. We have held in Lata Singh case that there is nothing "honourable" in "honour" killings and they are nothing but barbaric and brutal murders by bigoted persons with feudal minds. In our opinion honour killings for whatever reason come within the category of the rarest of rare cases deserving death punishment. It is time to stamp out these barbaric feudal practices which are a slur on our nation. This is necessary as a deterrent for such outrageous uncivilised behavior. All persons who are planning to perpetrate "honour killings should know that the gallows await them 29. Let a copy of this judgment be sent to the Registrars General Registrars of all the High Courts who shall circulate the same to all the Judges of the Courts. The Registrars General Registrars of the High Courts will also circulate copies of the same to all the Sessions Judges Additional Sessions Judges in the States Union Territories. Copies of the judgment shall also be sent to all the Chief Secretaries Home Secretaries Directors General of Police of all States Union Territories in the country. The Home Secretaries and Directors General of Police will circulate the same to all SSPs SPs in the States Union Territories for information." 8. In view of the above the writ petition is finally disposed of with the direction that the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners the petitioners shall approach the concerned Senior Superintendent of Police or Superintendent of Police with a copy of this order who shall provide immediate protection to the petitioners. 9. However this order in no way expresses opinion about the validity of their marriage and genuineness of their marriage certificate. This order shall not protect the petitioners against any action or proceedings pursuant to any F.I.R. or complaint case against him her them. 10. The petitioners shall get their marriage registered under the Uttar Pradesh Marriages Registration Rules 2017" within two months from today failing which this order will automatically come to an end. 11. The Registrar of Marriages concerned is directed to process and issue the registration certificate to the petitioners as per law at the earliest. 12. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad self attested by the petitioners alongwith a self attested identity proof of the said personmentioning the mobile number to which the said Aadhar Card is linked. 13. The concerned Court Authority Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date : 1.11.2021

Summary: The petitioners are at liberty to live together and any interference in their peaceful living shall not be tolerated by any person. In case of any disturbance, the petitioners are at liberty to approach the senior Superintendent of Police or the Superintendent of Police with a copy of this order for protection and the approached officer shall give them immediate protection. Such an observation was made by the Hon’ble Allahabad High court before Hon’ble Justice Mohammad Aslam in the matter of Smt. Saima &amp; ors vs  State Of U.P &amp; Anr [WRIT – C No. – 28718 of 2021].  
The crux of the matter was the petitioners were major and have solemnized their marriage according to the Muslim rites and customs on 24.01.2021 and for the same they were been threatened and harassed.

The Hon’ble High Court while allowing and deciding the writ petition held that when the petitioners are major then they are free to marry according to their own free will and there shall be no questions to that. Further, the Hon’ble High Court referred to the case of  Lata Singh vs. State of UP 2006 Cr.L.J. 3312 in which the Hon’ble Supreme Court held that “This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such intercaste or inter-religious marriage the maximum 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 the person who undergoes such inter-caste or inter-religious marriage.”

The Hon’ble High Court further directed the senior Superintendent of Police and the Superintendent of Police to provide immediate protection in case any threats are received by the petitioners and directed the petitioners to register their marriage according to ‘Uttar Pradesh Marriages Registration Rules, 2017’ within two months from the date of the judgment.
Click here to read the judgment.
Judgment Reviewed by: Rohan Kumar Thakur
 The crux of the matter was the petitioners were major and have solemnized their marriage according to the Muslim rites and customs on 24.01.2021 and for the same they were been threatened and harassed. 
The Hon’ble High Court while allowing and deciding the writ petition held that when the petitioners are major then they are free to marry according to their own free will and there shall be no questions to that. Further, the Hon’ble High Court referred to the case of  Lata Singh vs. State of UP 2006 Cr.L.J. 3312 in which the Hon’ble Supreme Court held that “This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such intercaste or inter-religious marriage the maximum 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 the person who undergoes such inter-caste or inter-religious marriage.”

The Hon’ble High Court further directed the senior Superintendent of Police and the Superintendent of Police to provide immediate protection in case any threats are received by the petitioners and directed the petitioners to register their marriage according to ‘Uttar Pradesh Marriages Registration Rules, 2017’ within two months from the date of the judgment.
Click here to read the judgment.
Judgment Reviewed by: Rohan Kumar Thakur
 The Hon’ble High Court while allowing and deciding the writ petition held that when the petitioners are major then they are free to marry according to their own free will and there shall be no questions to that. Further, the Hon’ble High Court referred to the case of  Lata Singh vs. State of UP 2006 Cr.L.J. 3312 in which the Hon’ble Supreme Court held that “This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such intercaste or inter-religious marriage the maximum 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 the person who undergoes such inter-caste or inter-religious marriage.” 
The Hon’ble High Court further directed the senior Superintendent of Police and the Superintendent of Police to provide immediate protection in case any threats are received by the petitioners and directed the petitioners to register their marriage according to ‘Uttar Pradesh Marriages Registration Rules, 2017’ within two months from the date of the judgment.
Click here to read the judgment.
Judgment Reviewed by: Rohan Kumar Thakur
 The Hon’ble High Court further directed the senior Superintendent of Police and the Superintendent of Police to provide immediate protection in case any threats are received by the petitioners and directed the petitioners to register their marriage according to ‘Uttar Pradesh Marriages Registration Rules, 2017’ within two months from the date of the judgment.