LAXMI DEVI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

           HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - C No. - 36647 of 2026

Laxmi Devi And Another
                                                                       .....Petitioner(s)
                                         Versus

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

Counsel for Petitioner(s)                          :    Ganesh Pratap Singh
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
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                                    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 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 14, 2026
                                    S.Ali




Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad