Court No. - 20 Case :- MISC. BENCH No. - 7178 of 2010 Petitioner :- Smt. Anshika Tiwari, Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- R.P. Singh Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner and learned A.G.A.
This petition under Article 226 of the Constitution of India has been
filed by the petitioner with the following prayer :
(i) To issue a writ, order or direction in the nature of mandamus
thereby commanding the opposite parties namely no.2 & 3 not to take
any coercive action against the petitioner, her husband and her in-laws
and also direct them not to create any hurdle, obstruction in peaceful
married life of the petitioner and her husband.
(ii) Any other relief, which Hon’ble Court deems fit and proper in the
circumstances of the case, may also be passed in favour of the
petitioner.
(iii) Allow the writ petition with cost.”
The submission of the learned counsel for the petitioner is that the
petitioner being major entered into the marriage with (Mr. Vibhuti
Tiwari @ Chhotu) on 23.06.2010 in Arya Samaj Mandir, Aliganj
District Lucknow and they have performed marriage on their own free
will. The age of petitioner (Smt. Anshika Tiwari) has been found as
01.01.1988 as per High School Markesheet, vide Annexure no.3 to the
writ petition which shows that the petitioner is major. Learned counsel
for the petitioner submits that as per law laid down by the Hon’ble Apex
Court in the case of Lata Singh Vs. State of U.P. and another reported
in 2006 (2) SCC 522, The petitioner being major can marry and live
with anyone she likes. Petitioner (Smt. Anshika Agarwal) is living with
Vibhuti Tiwari @ Chhotu as wife and husband. Since the parents of the
petitioner were not ready for the marriage of the petitioner, therefore,
the police at their instance is unnecessarily harassing the petitioner. The
petitioner, therefore, needs protection.
The petitioner no.1 (Smt. Anshika Tiwari) is present today before this
Court and states that she being major has married with Vibhuti Tiwari
@ Chhotu and they are living as husband and wife.
Keeping in view the totality of the facts and circumstances of the case,
as well as statement of the petitioner (Smt. Anshika Tiwari) the petition
is finally disposed of with the observation that the Superintendent of
Police, district Lucknow to ensure that the petitioner is not being
harassed by the Police unnecessarily without any legal proceeding.
Order Date :- 30.7.2010
Amit