SMT.ARTI UPADHYAY AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD

                         WRIT - C No. - 3895 of 2026

Smt.Arti Upadhyay And Another
                                                                    .....Petitioner(s)
                                       Versus
State Of U.P. And 4 Others
                                                                  .....Respondent(s)

Counsel for Petitioner(s)             :   Saurabh Tripathi, Shashikant Mishra
Counsel for Respondent(s)             :   C.S.C.

Court No. - 80
                    HON'BLE CHAWAN PRAKASH, J.

1. Heard learned counsel for the petitioners and learned Additional Chief
Standing Counsel for the State.

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 marital life and also for a direction to provide protection.

3. Learned counsel for the petitioners submits that petitioners are major and
have solemnized their marriage. He further submits that this is their first
marriage. It is further asserted that no FIR has been registered against them
in respect of the same and that their marriage was solemnized with their free
consent without duress on any party. It is further alleged that petitioners are
being threatened and harassed by respondents for reason of having thus got
married.

4. In Lata Singh vs. State of UP 2006 Cr.L.J. 3309, while dealing with a
case of harassment by the parents of the boy and girl, who had entered into
inter-caste marriage, Hon'ble Supreme Court has issued directions to the
Administration/Police authorities throughout the country in the following
terms:-

"This is a free and democratic country, and once a person becomes a major he or she
can marry whosoever he/she likes. If the parents of the boy or girl do not approve of
such inter-caste or inter-religious marriage the maximum they can do is that they can
cut off social relations with the son or the daughter, but they cannot give threats or
commit or instigate acts of violence and cannot harass the person who undergoes such
inter-caste or inter- religious marriage. We, therefore, direct that the
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administration/police authorities throughout the country will see to it that if any boy
or girl who is a major undergoes inter-caste or inter-religious marriage with a
woman or man who is a major, the couple are not harassed by any one nor subjected
to threats or acts of violence, and any one who gives such threats or harasses or
commits acts of violence either himself or at his instigation, is taken to task by
instituting criminal proceedings by the police against such persons and further stern
action is taken against such persons as provided by law."

5. In Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396, Hon'ble
Supreme Court held in paragraph 28 and 29 as under:-

"28. ..... Often young couples who fall in love have to seek shelter in the police lines or
protection homes, to avoid the wrath of kangaroo courts. We have held in Lata Singh
case that there is nothing "honourable" in "honour" killings, and they are nothing but
barbaric and brutal murders by bigoted persons with feudal minds. In our opinion
honour killings, for whatever reason, come within the category of the rarest of rare
cases deserving death punishment. It is time to stamp out these barbaric, feudal
practices which are a slur on our nation. This is necessary as a deterrent for such
outrageous, uncivilised behavior. All persons who are planning to perpetrate
"honour" killings should know that the gallows await them.

29. Let a copy of this judgment be sent to the Registrars General/ Registrars of all the
High Courts who shall circulate the same to all the Judges of the Courts. The
Registrars General/ Registrars of the High Courts will also circulate copies of the
same to all the Sessions Judges/ Additional Sessions Judges in the States/Union
Territories. Copies of the judgment shall also be sent to all the Chief Secretaries/
Home Secretaries/ Directors General of Police of all States/ Union Territories in the
country. The Home Secretaries and Directors General of Police will circulate the
same to all SSPs/SPs in the States/Union Territories for information."

6. It is contended by learned Standing Counsel that the above observations
and directions issued by the Supreme Court are being enforced in the State
of UP and that no further direction is required to be issued by this Court at
this stage as it is a mere apprehension of the petitioners that the private
respondents may commit some act of violence and or harass the petitioners.

7. Considering the facts and circumstances of the case, but without prejudice
to the merits of the case, the writ petition is finally disposed of with the
direction that the petitioners are at liberty to live together being a married
couple 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 Senior Superintendent of Police or
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                                    Superintendent of Police concerned with a copy of this order, who will
                                    examine the matter and shall provide immediate protection to the petitioners.
                                    The Police authority shall also ensure that an innocent person should not be
                                    harassed or humiliated if he / she has not caused any hindrance in peaceful
                                    married life of the petitioners.

                                    8. It is also directed to the petitioners that the marriage dated 20.01.2026
                                    shall be registered within two months from today, in accordance with the
                                    provisions of U.P. Marriage Registration Rules, 2017 and if the petitioners
                                    fail to get the marriage registered within stipulated time, the protection
                                    granted herein would cease to operate.

                                    9 . However, it is made clear that this court has not adjudicated the validity
                                    of the marriage and/or genuineness of their marriage certificate claimed by
                                    the petitioners or the correct age of the petitioners. It is further clarified, this
                                    order has not been passed to protect the petitioners against any action or
                                    proceedings instituted in accordance with law.

                                    10. Since the petition is being disposed of in limine, any person aggrieved by
                                    it is at liberty to apply for its recall, if the order has been obtained by
                                    suppression or concealment of facts or on false averments.

                                    11. However, this order would not come in way of investigation, if any,
                                    pending before the police authorities.

                                    12. The writ petition is disposed of accordingly with above observations.

                                    March 19, 2026
                                    Vijay
                                                                                               (Chawan Prakash,J.)




Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad