Court No. - 20 Case :- MISC. BENCH No. - 7066 of 2010 Petitioner :- Smt. Sabeena And Another Respondent :- State Of U.P.Through Prin. Secy. Home Deptt. Civil Sectt. Petitioner Counsel :- Shiv Pal Singh Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
This Writ Petition under Article 226 of the Constitution of India has been
filed by the petitioners with the following prayers:
1. Issue a writ, order or direction in the nature of ‘MANDAMUS’
commanding the opposite parties nos. 2 and 3 not to disturbed the
matrimonial life of the petitioners and not to harass the petitioners by
making nactorial visit at the houseof the petitioners with the collusion
of the opposite party no. 4, in the interest of justice.
2. Issue any other suitable order or direction which this Hon’ble Court
may deems, just fit and proper under the facts and circumstances of
the case may also be passed/issued in favour of the petitioners.
3. Allow the instant writ petition with cost.
The submission of learned counsel for the petitioners is that the Petitioner No.
1 (Smt. Sabeena) and the Petitioner No. 2 (Ateek Ahmad) being major entered
into marriage on 16.7.2010 on their own sweet will and since then they are
living together as husband and wife. Learned counsel submits that in view of
the law laid by the Hon’ble Apex Court in Lata Singh Vs. State of U.P. &
Anr. reported in [2006 (5) ALJ 357], the petitioner no. 1 being major is free
to live and marry with any person whom she likes. Since the petitioners had
married against the wishes of their parents, therefore, the police at the
instance of Opposite Party No. 4 (Vakeel Khan) who is the father of the
Petitioner No. 1 is harassing them. They, therefore, deserve protection.
Petitioners are present before the Court. Petitioner No. 1 (Smt. Sabeena) states
that she being major had married with the Petitioner No. 2 (Ateek Ahmad) on
16.7.2010 and since then they are living together as husband and wife.
Keeping in view the facts of the case, the writ petition is finally disposed of
with the observation that the Opposite Party No. 2, Superintendent of Police,
Bahraich will ensure that the petitioners are not being unnecessarily harassed.
Order Date :- 28.7.2010
Santosh/-