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

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 38776 of 2026

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

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

Counsel for Petitioner(s)                   :   Sushil Kumar Rathore
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
have solemnized marriage out of their own free will and consent without
any coercion, since they are major 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 Adhar Cards and from perusal of
the same, it is evident that both the petitioners are major. It has also been
submitted that earlier on 25.03.2024 a first information report was lodged
regarding went missing of the petitioner No. 1, in which during the course
of investigation the present petitioner No. 1 in her statements recorded
under Section 161 & 164 Cr.P.C. has specifically stated that she went
with the present petitioner No. 2 on her own wishes and has solemnized
marriage with him. It has also been stated that the petitioner No. 2 has
already been granted bail by a coordinate bench of this Court. The
averments made in the petition are supported by the joint affidavits of the
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petitioners. It is further stated that the petitioners have already applied for
registration of their marriage.

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
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 concerned Superintendent of Police, i.e.,
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                                    respondent no. 2 along with 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. As registration of marriage is compulsory vide decision of the Supreme
                                    Court reported in (2006) 2 SCC 578 and (2008) 1 SCC 180 Seema
                                    (Smt.) Vs. Ashwani Kumar, the petitioners undertake to get their
                                    marriage registered within a period of two months.

                                    10. If the petitioners could not get their marriage registered within the
                                    stipulated period herein above, the protection granted under this order
                                    shall stand automatically vacated.

                                    11. 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.

                                    12. With the aforesaid observations, the writ petition is accordingly
                                    disposed of. No order as to costs.



                                                                                (Dr. Gautam Chowdhary,J.)
                                    September 24, 2026
                                    Mustaqeem.




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