SMT. CHETNA Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed by the petitioners for a direction upon the respondents not to interfere with their marital life and liberty. It is claimed that both petitioner nos.1 and 2 are major and have solemnized marriage out of their own free will. It is alleged that private respondent/s is interfering with their marital life and liberty.

(2.) Law is settled that it is the right of married couple to live peacefully without any interference in case they are major. Hon'ble Supreme Court in Lata Singh Vs. State of U.P., AIR 2006 SC 2522 has already issued following directions in para- 17 which reads as Under:-

(3.) In view of the clear enunciation of law by the Hon'ble Apex Court in the above matter, it is obligatory for the concerned authorities to ensure compliance of the above directions in view of Article 141 of the Constitution of India. Above law has since been reiterated in Bhagwan Dass Vs. State (NCT of Delhi), (2011) 6 SCC 396. In case petitioners face any genuine threat to their life and liberty, or they are harassed, contrary to law laid down in Lata Singh (supra), it shall be open for them to approach the Senior Superintendent of Police of the District concerned and furnish necessary details in that regard, like proof of their majority, marriage and alleged harassment etc., who shall take all steps as may be required in law to ensure that petitioners' life and liberty are not interfered with, keeping in view the directions issued in Lata Singh (supra). The filing of this petition or the order of its disposal, however, would not be treated as proof of marriage between the petitioners.