LAWS(ALL)-2014-5-448

SHAZMIN FATIMA @ SHIVANI Vs. STATE OF U P

Decided On May 29, 2014
Shazmin Fatima @ Shivani Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) HEARD learned counsel for petitioners, learned Additional Government Advocate and perused the record of writ petition.

(2.) THE instant writ petition has been preferred by the petitioners under Article 226 of the Constitution of India with the prayer that a writ, order or direction in the nature of Mandamus be issued directing opposite parties no.2 and 3 to restrain the opposite party no.4 from harassing and threatening and illegally interfering with the life of the petitioners.

(3.) THE facts giving rise to the petition are that petitioner no.2 is legally wedded husband of Shazmin Fatima @ Shivani ; that Nikah -nama (Certificate of Marriage) is annexed as Annexure No.1 to the writ petition ; that status of petitioner no.1 before marriage was unmarried Hindu and on 7.02.2014 she converted her religion from Hindu to Muslim as per her own free will ; that she has broken away her relationship with her father opposite party no.4 but still he is interfering in the life of the petitioners, that although, they approached the local police for seeking protection but the local police in spite of taking action scolded the petitioners ; that the petitioners then moved an application to opposite party no.2 on 10.2.2014 praying to restrain opposite party no.4 from illegal intervention, a copy of which has been annexed as Annexure No.2 to the writ petition. Opposite party no.4 has several times in connivance with local police tried to take away petitioner no.1 from her matrimonial house and is continuously threatening for dire consequences ; that the petitioner no.1 is more than 21 years of age and petitioner no.2 is 36 years of age, thus, both the petitioners are major, copies of certificate of school showing the age are annexed as Annexures 3 and 4.