SMT. SAMREEN AND ANOTHERversusSTATE OF U.P. AND 3 OTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 10154 of 2026

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

State Of U.P. And 3 Other
                                                           .....Respondent(s)

Counsel for Petitioner(s)               :   Sudhanshu Kumar Mishra
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 Sandeep Kumar
Gupta, learned 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 18.03.2024 as per rites and
customs and the marriage of the petitioners has been registered on
19.03.2024 (Annexure No. 3). 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-
                                                       WRIC No. 10154 of 2026
                               2


     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 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
                                                         WRIC No. 10154 of 2026
                                3


     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."

6. It is contended by learned 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. 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.

9. 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.

10. However, this order would not come in way of investigation, if any,
pending before the police authorities.
                                                                                         WRIC No. 10154 of 2026
                                                                  4


                                    11. 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