SMT. KHUSHBU AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 10121 of 2026

Smt. Khushbu And Another
                                                                   .....Petitioner(s)
                                      Versus

State Of U.P. And 2 Others
                                                                .....Respondent(s)

Counsel for Petitioner(s)             :   Aditya Sharma, Rajneesh Sharma
Counsel for Respondent(s)             :   C.S.C.

Court No. - 81
                  HON'BLE VIVEK KUMAR SINGH, J.

1. Heard learned counsel for the petitioners and Sri Prabhas Kumar
Tiwari, learned Additional Chief Standing Counsel for the State
respondents.

2. By means of the present writ petition, the petitioners have prayed for a
writ in the nature of mandamus directing the respondents not to interfere
in their peaceful marital life and also for a direction to provide protection.

3. Learned counsel for the petitioners submits that petitioners are major
and have solemnized their marriage on 29.11.2025 as per rites and
customs. He further submits that this is their first marriage. It is further
asserted that no FIR has been registered against them in respect of the
same and that their marriage was solemnized with their free consent
without duress on any party. It is further alleged that petitioners are being
threatened and harassed by respondents for reason of having thus got
married.

4. In Lata Singh vs. State of UP 2006 Cr.L.J. 3309, while dealing with a
case of harassment by the parents of the boy and girl, who had entered
into inter-caste marriage, Hon'ble Supreme Court has issued directions to
the Administration/Police authorities throughout the country in the
following terms:-

     "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
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    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 are not
    harassed by any one nor subjected to threats or acts of violence, and any
    one 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."

5. In Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 Hon'ble
Supreme Court held in paragraph 28 and 29 as under:-

    "28. ..... Often young couples who fall in love have to seek shelter in the
    police lines or protection homes, to avoid the wrath of kangaroo courts.
    We have held in Lata Singh case that there is nothing "honourable" in
    "honour" killings, and they are nothing but barbaric and brutal murders by
    bigoted persons with feudal minds. In our opinion honour killings, for
    whatever reason, come within the category of the rarest of rare cases
    deserving death punishment. It is time to stamp out these barbaric, feudal
    practices which are a slur on our nation. This is necessary as a deterrent
    for such outrageous, uncivilised behavior. All persons who are planning
    to perpetrate "honour" killings should know that the gallows await them.

    29. Let a copy of this judgment be sent to the Registrars General/
    Registrars of all the High Courts who shall circulate the same to all the
    Judges of the Courts. The Registrars General/ Registrars of the High
    Courts will also circulate copies of the same to all the Sessions Judges/
    Additional Sessions Judges in the States/Union Territories. Copies of the
    judgment shall also be sent to all the Chief Secretaries/ Home Secretaries/
    Directors General of Police of all States/ Union Territories in the country.
    The Home Secretaries and Directors General of Police will circulate the
    same to all SSPs/SPs in the States/Union Territories for information."
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6. It is contended by learned Additional Chief Standing Counsel that the
above observations and directions issued by the Supreme Court are being
enforced in the State of UP and that no further direction is required to be
issued by this Court at this stage as it is a mere apprehension of the
petitioners that the private respondents may commit some act of violence
and or harass the petitioners.

7. Considering the facts and circumstances of the case, but without
prejudice to the merits of the case, the writ petition is finally disposed off
with the direction that the petitioners are at liberty to live together being a
married couple and no person shall be permitted to interfere in their
peaceful living. In case, any disturbance is caused in the peaceful living of
the petitioners, the petitioners shall approach the Senior Superintendent of
Police or Superintendent of Police concerned with a copy of this order,
who will examine the matter and shall provide immediate protection to
the petitioners. The Police authority shall also ensure that an innocent
person should not be harassed or humiliated if he / she has not caused any
hindrance in peaceful married life of the petitioners.

8. It is also directed to the petitioners that the marriage dated 29.11.2025
shall be registered within two months from today, in accordance with the
provisions of U.P. Marriage Registration Rules, 2017 and if the
petitioners fail to get the marriage registered within stipulated time the
protection granted herein would cease to operate.

9. However, it is made clear that this court has not adjudicated the validity
of the marriage and/or genuineness of their marriage certificate claimed
by the petitioners or the correct age of the petitioners. It is further
clarified, this order has not been passed to protect the petitioners against
any action or proceedings instituted in accordance with law.

10. Since the petition is being disposed of in limine, any person aggrieved
by it is at liberty to apply for its recall, if the order has been obtained by
suppression or concealment of facts or on false averments.

11. However, this order would not come in way of investigation, if any,
pending before the police authorities.
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                                    12. The writ petition is disposed of accordingly with above observations.



                                                                                     (Vivek Kumar Singh,J.)
                                    March 18, 2026
                                    Radhika




Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad