Court No. - 9 Case :- WRIT - C No. - 35063 of 2010 Petitioner :- Aysha @ Jyoti & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Dharmendra Singh Respondent Counsel :- C.S.C. Hon'ble Vijay Manohar Sahai,J.
Hon’ble Vikram Nath,J.
We have heard learned counsel for the petitioners and learned standing
counsel appearing for the respondents.
It is stated by the learned counsel for the petitioners that the petitioner no.1 is
aged about 18 years and the petitioner no.2 is aged about 22 years and they
are major. In paragraph no.7 of the petition it is stated that the petitioner no.1
married to the petitioner no.2 on 1.6.2010 in the presence of Hafiz Mohd.
Mukhtar Ahmed, Masjid Barn Tale, Allahabad out of their own free will. The
petitioners have appeared before us and stated that they have married each
other at Masjid Barn Tale, Allahabad on 1.6.2010 out of their own free will
and volition and since then they are living together as husband and wife. They
have filed a copy of the Nikahnama dated 1.6.2010 as Annexures-2 & 3
respectively to the writ petition.
Both of them have appeared before us and they appear to be major and it is
open to a major person in this country to live freely with any one and to marry
anyone of his/her choice. The petitioners have further stated that they are
living together as husband and wife but the police authorities and other
persons are harassing them and are interfering in their marital life. Since the
petitioners are major and have married each other, we direct the police
authorities to ensure that they are not harassed in any manner either by the
police authorities or by any other person and they may be permitted to live as
husband and wife. The petitioners shall file a joint supplementary affidavit
affixing their pair photographs today which shall form part of this order.
With the aforesaid directions, this petition stands finally disposed of.
Office is directed to issue a certified copy of this order along with joint
supplementary affidavit as part thereof on payment of usual charges today.
Order Date :- 16.6.2010
pk