Allahabad High Court
SMT. NEHA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
Adult petitioners have the liberty to live together and no person may interfere; the writ of mandamus is partly allowed directing protection.
Summary
The petitioners, a married couple, filed a writ petition seeking a mandamus directing the respondents not to interfere with their peaceful married life and to provide them protection against threats from family members. They established that both are adults by submitting a high school mark sheet and a PAN card, and presented a registered marriage certificate. The Court noted Supreme Court precedents that adults have the liberty to choose their partner and residence without parental or other interference. Relying on cases such as Gian Devi, Lata Singh, Bhagwan Dass and Deepika, the Court held that no one may disturb the petitioners' cohabitation. It directed that any disturbance should be reported to the second respondent for immediate protection, while reserving the right to recall the order if documents are found forged. The writ petition was therefore partly allowed, with no order as to costs.
Issues considered
- Whether the respondents may lawfully interfere in the peaceful married life of adult petitioners.
- Whether a writ of mandamus can be issued to prevent such interference and to direct protection.
- Whether the petitioners are legally adults capable of making independent marital choices.
Subjects
- marriage
- adult consent
- right to live together
- personal liberty
- writ of mandamus
- family interference
- protection order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35328 of 2026
Smt. Neha And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Tripathi, Vinod Kumar
Tripathi
Counsel for Respondent(s) : C.S.C.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the petitioners and learned standing counsel
for the State.
2. By means of the present petition, the petitioners are seeking for
issuance of a writ of mandamus directing the respondents not to interfere
in the peaceful married life of the petitioners as husband and wife and
further direction has also been sought for the authorities concerned to
provide protection to the petitioners.
3. Learned counsel for the petitioners has submitted that the petitioners
are major. The petitioner no.1 has filed her High School Marksheet,
whereas the petitioner no.2 has brought on record his PAN Card to
demonstrate that they are major. They have solemnised marriage out of
their own free will and consent without any coercion 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. It is further stated
that the marriage of the petitioners has also been registered by the
concerned authority, copy of marriage registration certificate is annexed
as Annexure-4 to the writ petition. The averments made in the petition are
supported by the joint affidavits of the petitioners.
4. The petitioners have averred in the writ petition that they are living as
wife and husband. It is stated that they have apprehension that private
respondent can eliminate them for the honour of her family. In case, this
Court does not grant them protection, their lives may be endangered.
5. In view of the order proposed to be passed, there is no need to issue
notice to private respondent. With the consent of learned counsel
appearing for the parties, this writ petition is being disposed of finally at
WRIC No. 35328 of 2026
2
this stage in terms of the Rules of the Court.
6. The Supreme Court in a long line of decisions has settled the law that
where a boy and a girl are major and they are living with their free will,
then, nobody including their parents, has authority to interfere with their
living together. Reference may be made to the judgements of the Supreme
Court in the cases of Gian Devi v. The Superintendent, Nari Niketan,
Delhi and others, (1976) 3 SCC 234; Lata Singh v. State of U.P. and
another, (2006) 5 SCC 475; and, Bhagwan Dass v. State (NCT of
Delhi), (2011) 6 SCC 396, which have consistently been followed by the
Supreme Court and this Court, as well as of this Court in Deepika and
another v. State of U.P. and others, 2013 (9) ADJ 534. The Supreme
Court in Gian Devi (supra) has held as under:
"7. ... Whatever may be the date of birth of the petitioner, the fact remains that she is
at present more than 18 years of age. As the petitioner is sui juris no fetters can be
placed upon her choice of the person with whom she is to stay, nor can any restriction
be imposed regarding the place where she should stay. The court or the relatives of
the petitioner can also not substitute their opinion or preference for that of the
petitioner in such a matter."
7. 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 respondent no.2 alongwith a certified copy
of this order who shall provide immediate protection to the petitioners.
8. 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.
9. 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.
10. With the aforesaid observations, the writ petition is partly allowed.
No order as to costs.
(Dr. Gautam Chowdhary,J.)
September 8, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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