Smt. Shwati Bansal and Another vs State of U.P. and Others

Heard learned Counsel for the Petitioners and the learned Additional Government Advocate.

By means of this writ petition the Petitioners have prayed for issuance of a writ of Mandamus commanding opposite party No. 4 not to interfere in their peaceful married life; opposite party No. 5 not to harass them and family members of Petitioner No. 2 and also opposite parties 2 and 3 to provide security to them.

It is argued by the learned Counsel for the Petitioners that the Petitioners being major have married each other out of their own choice; and for ascertaining their age the Petitioners have annexed copies of high school certificates as Annexure No. 1 to the petition wherein age of Petitioner No. 1 has been shown to be 30.07.1990 while age of Petitioner No. 2 has been shown to be 12.01.1990.

The learned Counsel for the Petitioner also places reliance upon a judgment rendered by the Hon''ble Apex Court in the case of Lata Singh Vs. State of U.P. and Another, and states that since the Petitioners are major, they have got every right to marry a person of their own choice, which they have done. It is also submitted as indicated in para-13 of the petition that up till now FIR has not been lodged against Petitioner No. 2.

In view of the aforesaid law laid down by the Hon''ble Apex Court, we dispose of the writ petition finally with a direction to opposite party Nos. 2 and 3 Superintendent of Police, Balrampur as well as Station House Officer, police station Kotwali Nagar, Balrampur to ensure and see that the Petitioners are not harassed/victimized in any manner and due protection be provided to them.