Allahabad High Court: A Single judge Bench comprising of Siddhartha Varma, J. decided a writ petition asking for a direction in the nature of Mandamus, in regard to directing the respondents to not interfere in the petitioner’s peaceful marital life.
The marriage of the petitioner was solemnized on 15-01-2018, in which both husband and wife were major and of marriageable age.
In the past, Hon’ble Supreme Court had issued directions to the administrative and police authorities all over India while deciding a case of harassment by the parents of the boy and girl who had an inter- caste marriage. Following are the directions that were laid in the case of Lata Singh v. Sate of U.P., (2006) 5 SCC 475:
“We direct that the 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.”
In the case of Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 the Hon’ble Supreme Court stated that,
“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, uncivilized behavior. All persons who are planning to perpetrate “honour” killings should know that the gallows await them.”
Therefore, by citing the above significant decisions, the Hon’ble Court, disposed of the writ petition and stated that the police authorities shall see that the respondents should not interfere in the marital life of the petitioners and further the petitioners to get their marriage registered under the U.P. Marriage Registration Rule 2017 within a period of two months. [Nidhi Devi v. State Of U.P., 2018 SCC OnLine All 120, order dated 30-01-2018]
