RAZIA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Sharad Chand Rai, learned counsel for the petitioners, Shri Upendra Nath, learned Additional Chief Standing Counsel assisted by Shri Yogesh Kumar, learned Standing Counsel appearing on behalf of the State and perused the material available on record.

(2.) The instant writ petition has been filed seeking a direction in the nature of mandamus to the private respondent not to interfere in the peaceful living of the petitioners. Further the direction has been sought to respondent no. 2 and 3 to provide protection to the petitioners.

(3.) It is submitted by the learned counsel for the petitioners that both the petitioners are major. The date of birth of petitioner no. 1 as mentioned in her Pan Card and Aadhar Card, is 13/4/2001 and the date of birth of petitioner no. 2 as mentioned in his Aadhar Card and Pan Card is 1/1/1997. It is averred that both the petitioners are residing together peacefully out of their own free will in a live-in-relationship. It is further submitted that respondent no. 4, mother of the first petitioner and her family members are averse to the parties' live in relationship. She along with other family members, is harassing and disturbing the peaceful life of the petitioners. She has threatened the petitioners with dire consequences. The petitioners have apprehension of honour killing from her family members. Petitioner no. 1 has moved an application dtd. 4/8/2023 to the Commissioner of Police, Commissionerate Gautam Budh Nagar seeking their protection but to no avail. It is submitted on behalf of the petitioners that both the petitioners intend to solemnize their marriage in near future. It is also stated that till date no FIR has been lodged relating to their live-in-relationship and both the petitioners are living together happily.