BHAGWATI PATHWAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as Mr. Ashwani Kumar, learned Additional Chief Standing Counsel assisted by Mr. Yogesh Kumar, learned Standing Counsel for the State and perused the record.

(2.) Instant writ petition under Article 226 of the Constitution has been filed by the petitioners with prayer for issuing writ, order or direction in the nature of mandamus commanding/directing the respondent Nos. 2 and 3 to secure the security of life and property of the petitioners from the respondent No.4.

(3.) It is submitted by the learned counsel for the petitioners that both the petitioners are major and are of marriageable age. It is further submitted that petitioner No.1 is daughter of respondent No.4 and she belong to Hindu community. The date of birth of petitioner No. 1 is 12/12/1991 and the date of birth of petitioner no. 2 is 16/11/1987 and he belongs to muslim community, in support thereof the petitioners have brought on record their High School marksheet-cum-Certificates respectively which are annexed as Annexure Nos. 1 and 2 to the affidavit filed in support of the writ petition respectively. It is further submitted that both the petitioners are living in live-in-relationship since about six-seven months both the petitioners intend to marry each other after lawful conversion of their religion, however, presently they are living in live-in-relationship as the right is guaranteed under Article 21 of the Constitution of India and there is no need of conversion of religion in live-in-relationship. It is contended that father and family members of the first petitioner are not happy with the relationship of the petitioners. The petitioners have apprehension of honour killing from the family member of petitioner No.1. Petitioner No.1 has also moved an application dtd. 26/2/2024 to the Commissioner of Police Station, District-Jhansi seeking their protection but to no avail. Copy of the application dtd. 26/2/2024 is annexed as Annexure No. 3 to the petition. It is further contended that till date, no F.I.R. has been lodged relating to their live-in-relationship and both the petitioners are living together happily.