Smt. Saima vs. State of U.P

By means of a writ petition, the petitioners had prayed for direction in the nature of mandamus directing the respondents not to interfere in their peaceful matrimonial life. Learned counsel for the petitioners submitted that the petitioners are major and have solemnized their marriage with each other according to Muslim Rites and Custom on 24.1.2021. No first information report has been registered against them. The petitioners claimed to be adults and married to each other of their own freewill, and for that they were being threatened and harassed.

Court mentioned the case of Lata Singh vs. State of UP 2006 Cr.L.J. 3312. In this case, while dealing with a case of harassment by the parents of the boy and girl, who had entered into inter-caste marriage, the Apex Court had issued directions to the Administration/Police authorities throughout the country in the following terms:-


“This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage. We, therefore, 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.”

Court also mentioned the case of Bhagwan Dass v. State (NCT of Delhi), (2011).  In this case, the Apex Court held as under:-


“28. ….. Often young couples who fall in love have to seek shelter in the police lines or protection homes, to avoid the wrath of kangaroo courts. We have held in Lata Singh case that there is nothing “honourable” in “honour” killings, and they are nothing but barbaric and brutal murders by bigoted persons with feudal minds. 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, uncivilised behaviour. All persons who are planning to perpetrate “honour” killings should know that the gallows await them.


In view of the above, the writ petition was finally disposed of with the direction that the petitioners were at liberty to live together and no person shall be permitted to interfere in their peaceful living. Court directed that in case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the concerned Senior Superintendent of Police or Superintendent of Police with a copy of this order, who shall provide immediate protection to the petitioners.

Reference:

https://elegalix.allahabadhighcourt.in/elegalix/StartWebSearch.do

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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