AANCHAL AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                   WRIT - C No. - 21475 of 2026

Aanchal And Another
                                                   .....Petitioner(s)
                              Versus

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

Counsel for Petitioner(s)        : Aakash Sharma
Counsel for Respondent(s)        : C.S.C., Kamlesh          Kumar
                                   Kanojiya

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

1. Heard learned counsel for the petitioners, learned Standing
Counsel for the State-respondents, as well as learned counsel
for the private 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. As per High School marksheet of the
petitioner No. 1 she is now more than 19 years of age, thus, she
has attained the marriageable age. As per High School
marksheet of the petitioner No. 2 his date of birth is
13.09.2005. Though the petitioner No. 2 is major but he had
not attained the marriageable and he is a few days less than 21
years, therefore the both the petitioners are living in
relationship and when the petitioner will attain the
marriageable age he will solemnize marriage with the
petitioner No. 1. Thus, in view of the preposition of law given
by a Division Bench of this Court in the case of Shaheen
Parveen and another Vs. The State of U.P. and others:
Misc. Bench No. 3519 of 2015 (decided on 23.07.2015), the
life and liberty of petitioners be protected. 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.
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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) and Shaheen Parveen (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, 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
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                                        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