Allahabad High Court High Court

Rukhsar Khanam And Another vs State Of U.P. & Ors. on 8 July, 2010

Allahabad High Court
Rukhsar Khanam And Another vs State Of U.P. & Ors. on 8 July, 2010
Court No. - 2

Case :- WRIT - C No. - 38484 of 2010

Petitioner :- Rukhsar Khanam And Another
Respondent :- State Of U.P. & Ors.
Petitioner Counsel :- Vishal Mohan Gupta
Respondent Counsel :- C.S.C.

Hon'ble Ashok Bhushan,J.

Hon’ble Virendra Singh,J.

Heard learned counsel for the petitioners.

By this writ petition the petitioners have prayed for a writ of
mandamus directing respondent nos. 2 and 3 to take appropriate
action to ensure protection of life and liberty of the petitioners and
further respondent no. 4 be restrained from interfering in the
peaceful married life of the petitioners.

Petitioners’ case in the writ petition is that both the petitioners
being major have performed their marriage on 26.06.2010
according to Muslim Rites. It has been stated in the writ petition
that although no first information report has been lodged but the
police personnels are visiting the house of petitioners.
Considering the facts and circumstances of the case, no useful
purpose will be served in keeping the writ petition pending and
calling counter affidavit.

The writ petition is disposed of with the observation that in case no
first information report has been lodged against the petitioners, no
coercive action shall be taken against the petitioners. However, in
the event any first information report is lodged, it will be open for
the police to take such action as permissible under law.
Order Date :- 8.7.2010
Jaideep/-