Court No. - 36 Case :- WRIT - C No. - 36883 of 2010 Petitioner :- Smt. Sheela Devi And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Vijay Prakash,Shailesh Pandey Respondent Counsel :- C.S.C Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the petitioners.
By this writ petition, the petitioners have prayed for a
mandamus commanding the respondent not to harass or
torture the petitioners in any manner and not to interfere in
the peaceful happy married life of the petitioners.
The petitioner’s case in this writ petition is that the petitioners
who are majors, have performed their marriage.
A perusal of the writ petition indicates that the allegations
made are vague and general in nature. There are no such
allegations in the writ petition on the basis of which, the writ
petition can be entertain under Article 226 of the Constitution
of India. The mere fact that the petitioners have got married
cannot furnish any cause of action to the petitioners to file a
writ petition under Article 226 of the Constitution of India.
It is true that any two major persons are free to marry and live
together, but unless there are sufficient materials or
allegations, this Court in exercise of writ jurisdiction cannot
entertain such a writ petition.
We, however, observe that if there is any kind of harassment
or threat or any offence is committed against the petitioners,
it is always open for them to take such action as permissible
under the provisions of the Code of Criminal Procedure.
The writ petition is disposed of with the aforesaid
observations.
Order Date :- 28.6.2010
M/A.