SMT. POOJA GAUTAM AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 24658 of 2026

Smt. Pooja Gautam And Another
                                                            .....Petitioner(s)
                                  Versus

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

Counsel for Petitioner(s)            :     Surya Prakash Vishwakarma
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 though both
the petitioners are major but they are of different faiths. They have
solemnized marriage out of their own free will and consent without any
coercion, since they are adults and are living together as married couple.
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. In support of their age, both the petitioners
have brought on record their High School marksheets and from perusal of
the same, it is evident that both the petitioners are major. It has further
been stated that both the petitioners have applied for marriage under
Section 5 of Special Marriage Act. The averments made in the petition are
supported by the joint affidavits of the petitioners.

4. Learned Additional Chief Standing Counsel opposes the prayer made
in the writ petition.

5. The issue involved in the present petition has already been dealt with in
Writ-C No. 41127 of 2025 (Noori and Another vs. State of U.P. and
others), reported in 2026 SCC OnLine All 456, wherein a coordinate
Bench of this Court, while allowing a bunch of writ petitions of similar
nature protected such petitioners having different faiths, and have
solemnized marriage with each other on their own free will and choice.
Further, the facts of the present case are similar to the facts of Noori
(supra), therefore, the present writ petition is being disposed of in the
following terms.
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                                    6. Having regard to the facts and circumstances of the case, this Court is
                                    of the opinion that the petitioners are at liberty to live together 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 concerned Senior Superintendent of Police,
                                    i.e., respondent no. 2 along with a certified copy of this order who shall
                                    provide immediate protection to the petitioners.

                                    7. A liberty is granted to the private respondent that if the documents
                                    brought on the record are fabricated or forged, it will be open to him/her
                                    to file a recall application for recall of this order.

                                    8. It is made clear that this Court has not adjudicated upon the alleged
                                    marriage of the petitioners and this order in no way expresses opinion
                                    about the validity of their marriage.

                                    9. With the aforesaid observations, the writ petition is accordingly
                                    disposed of.

                                    10. No order as to costs.


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




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