Allahabad High Court: A Single Judge Bench comprising of Kaushal Jayendra Thaker, J., partly allowed the writ petition where petitioner prayed for the non-interference of respondent in their married life and to protect their lives and liberty.
Events leading to this petition was the threatening and harassment to petitioner by private respondent and their other family members. Petitioners were adults who had married on their own free will and were apprehending a serious danger to their lives which could be caused by respondent. Petitioner submitted before Court their age proof and online application for registration of their marriage.
Court referred three decisions of Supreme Court Gian Devi v. Nari Niketan, (1976) 3 SCC 234; Lata Singh v. State of U.P., (2006) 5 SCC 475; and Bhagwan Dass v. State, (2011) 6 SCC 396 and stated the settled position of law that if married couple are living of their free will, then, nobody including their parents, has authority to interfere with their lives together.
The High Court was of the view that petitioners had every right to live together peacefully and no one can be permitted to interfere. Further, petitioner were given liberty to approach concerned police authority, in case of any disturbance, for immediate protection who shall provide the same. [Shahin Bano v. State of U.P.,2018 SCC OnLine All 1346, order dated 20-09-2018]