Court No. - 36 Case :- WRIT - C No. - 37366 of 2010 Petitioner :- Smt. Radha And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Farid Ahmed Qureshi 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 petitioners 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 :- 30.6.2010
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