SMT. MOSINA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 21348 of 2026

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

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

Counsel for Petitioner(s)                      :    Mohd. Naushad
Counsel for Respondent(s)                      :    C.S.C.

Court No. - 75
                 HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Heard learned counsel for the petitioners, learned Standing Counsel for
the State-respondents and perused the material on record.

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 life and also for a direction to provide protection.

3. It is stated by the learned counsel for the petitioners that both the
petitioners are major. They are unmarried and are staying in a live-in
relationship. Further, it is stated that private respondent and other family
members have got annoyed and there is serious danger to their lives as
they are being threatened and harassed. Hence, the petitioners have filed
this writ petition under Article 226 of the Constitution of India for
issuance of a direction upon the Police Authorities to protect their life
from the private respondents.

4. The issue involved in the present petition has already been dealt with in
Writ-C No. 35171 of 2025 (Akanksha and Another vs. State of U.P.
and Three Others), decided on 17.12.2025. The facts of the present case
is similar to the facts of Akanksha (supra). Therefore the present writ
petition is being disposed of in the following terms.

5. Once an individual, who is a major, has chosen his/her partner, it is not
for any other person, be it a family member, to object and cause a
hindrance to their peaceful existence. It is the bounden duty of the State,
as per the Constitutional obligations casted upon it, to protect the life and
liberty of every citizen. Right to human life is to be treated on much
higher pedestal, regardless of a citizen being minor or major, married or
unmarried. Mere fact that the petitioners have not solemnized marriage,
would not deprive them of their fundamental right as envisaged in the
Constitution of India being citizens of India. This Court has no hesitation
to hold that the Constitutional's fundamental right under Article 21 of the
Constitution of India stands on a much higher pedestal. Being sacrosanct,
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                                    under the Constitutional scheme it must be protected, regardless of the
                                    solemnization of marriage or even the absence of any marriage between
                                    the parties.

                                    6. The petitioners herein, who are major, have taken a decision to reside
                                    together without the sanctity of the marriage and it is not for the Courts to
                                    judge them on their decision. If the petitioners herein have not committed
                                    any offence, this Court sees no reason as to why their prayer for grant of
                                    protection cannot be acceded to.

                                    7. Having regard to the facts and circumstances of the case, this Court is
                                    of the view that the petitioners are at liberty to live together peacefully
                                    and no person shall be permitted to interfere in their peaceful living. As
                                    right to life is a fundamental life ensured under Article 21 of the
                                    Constitution wherein it is provided that no person shall be deprived of his
                                    right to life and personal liberty except according to procedure established
                                    by law.

                                    8. In case, any disturbance is caused in the peaceful living of the
                                    petitioners, the petitioners shall approach the Commissioner of
                                    Police/SSP/SP concerned with certified copy of this order and the Police
                                    Officer after being satisfied that the petitioners are major and willingly
                                    living together, will provide immediate protection to the petitioners. If the
                                    petitioners are educated and they produce their educational certificates
                                    and other certificates admissible under law, from which it is evident that
                                    they have attained the majority and they are living with their free will
                                    then no Police Officer shall take any coercive action against them unless
                                    an F.I.R. is registered against them in respect of any offence whatsoever.
                                    If they do not have any documentary proof regarding age and they come
                                    from rural background and or illiterate/semi-literate, the Police Officer
                                    can subject such boy or girl to ossification test to verify their correct age
                                    and he can also follow the other procedure permissible under the law.

                                    9. With the aforesaid observations/directions, the instant petition is
                                    disposed off.


                                                                                  (Dr. Gautam Chowdhary,J.)
                                    September 8, 2026
                                    Mustaqeem.




Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad