Allahabad High Court
ANSHU DEVI AND ANOTHERversusSTATE OF U.P. THRU. ADDL. CHIEF SECY. HOME AND OTHERS
- Decided
- Disposal
- Dismissed on merits/Rejected
Holding
The Court ordered the respondents not to interfere with the petitioners' marital life and directed timely registration of their marriage under the Uttar Pradesh Marriages Registration Rules, 2017.
Summary
The petitioners, both adults, filed a writ of mandamus seeking a court order directing the respondents not to interfere with their peaceful marital life and to provide protection. They submitted their marriage certificate and proof of age, alleging that a fourth respondent was harassing them despite no FIR being lodged. Relying on the Supreme Court's decision in Lata Singh v. State of U.P., the Court emphasized that adult individuals have the constitutional right under Article 21 to marry without intimidation or violence. The High Court disposed of the writ, directing the respondents to refrain from any interference and ordering the marriage to be registered under the Uttar Pradesh Marriages Registration Rules, 2017 within two months. The order also stipulated that any existing FIR would be discharged and clarified that the Court did not adjudicate the validity of the marriage or the ages of the parties.
Issues considered
- Whether the State can be directed by a writ of mandamus to prevent interference in the marital life of adult petitioners
- Whether the petitioners are entitled to protection under Article 21 of the Constitution in the context of an inter‑caste marriage
- Whether the Supreme Court precedent in Lata Singh v. State of U.P. applies to the present facts
Legislation cited
- Uttar Pradesh Marriages Registration Rules, 2017
Subjects
- inter‑caste marriage
- mandamus
- Article 21
- marriage registration
- Uttar Pradesh
- minor
- protective order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 9610 of 2025
Anshu Devi And Another
.....Petitioner(s)
Versus
State Of U.P. Thru. Addl. Chief Secy. Home And Others
.....Respondent(s)
Counsel for Petitioner(s) : Suneel Kumar Singh Kalhans, Richa
Srivastava, Shikha Srivastava
Counsel for Respondent(s) : G.A.
Court No. - 9
HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned counsel for the petitioners and learned AGA for the
State-opposite parties no.1, 2 & 3.
2. In view of the order proposed to be passed, notice to opposite
party no.4 is dispensed with.
3. This writ petition has been filed seeking a writ of mandamus
directing the opposite parties not to interfere in the peaceful marital
life of the petitioners and to provide protection to them.
4. Both the petitioners are present before this Court and stated that
they are major and have married each other on their own volition on
26.09.2025 in Pragatisheel Hindu Samaj, Mandir, Kaisarbagh,
Lucknow and a photocopy of marriage certificate has been enclosed
as Annexure No.1 with this petition. A photocopy of Marks Sheet of
Class VIII has been enclosed with this petition to substantiate that
petitioner no.1 is major as her date of birth is 08.12.2005. Date of
birth of petitioner no.2 is 20.06.1999 as per School Leaving
Certificate as photocopy of the same has been enclosed as Annexure
No.2 with this petition. It is contended that opposite party no.4 is not
happy with the marriage and as such he is creating hindrance in the
peaceful married life of the petitioners. Learned counsel has further
CRLP No. 9610 of 2025
2
stated that no First Information Report has been registered against
the petitioners in this regard.
5. In Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475,
the Apex Court in para-17 has observed as under:-
"17. .... This is a free and democratic country, and once a person
becomes a major he or she can marry whosoever he/she likes. If the
parents of the boy or girl do not approve of such inter-caste or inter-
religious marriage the maximum they can do is that they can cut-off
social relations with the son or the daughter, but they cannot give
threats or commit or instigate acts of violence and cannot harass the
person who undergoes such inter-caste or inter-religious marriage.
We, therefore, direct that the administration/police authorities
throughout the country will see to it that if any boy or girl who is a
major undergoes inter-caste or inter-religious marriage with a woman
or man who is a major, the couple is not harassed by anyone nor
subjected to threats or acts of violence, and anyone who gives such
threats or harasses or commits acts of violence either himself or at
his instigation, is taken to task by instituting criminal proceedings by
the police against such persons and further stern action is taken
against such persons as provided by law."
6. The petitioners have also pleaded for protection under Article 21 of
the Constitution of India which guarantees liberty to lead life of their
own with dignity.
7. Therefore, this writ petition is disposed of with direction to the
opposite parties not to interfere in peaceful life and liberty of the
petitioners in any manner.
8. It is made clear that if any F.I.R. is already registered on the issue,
the order passed by this Court shall automatically stand discharged.
9. It is, however, made clear that this Court has not entered into nor
adjudicated the age of the petitioners nor veracity/validity of the
alleged marriage.
10. The petitioners shall get their marriage registered under the "Uttar
CRLP No. 9610 of 2025
3
Pradesh Marriages Registration Rules, 2017" within two months from
today, failing which this order will automatically come to an end.
11. The Registrar of Marriages concerned is directed to process and
issue the registration certificate to the petitioners, strictly in
accordance with law, at the earliest. At the time of issuing marriage
certificate, the authority concerned shall ensure that all the required
formalities are completed by the parties.
October 10, 2025
Ashish Dewal
(Amitabh Kumar Rai,J.) (Rajesh Singh Chauhan,J.)
Digitally signed by :-
ASHISH DEWAL
High Court of Judicature at Allahabad,
Lucknow Bench
Checking your session…