GARIMA ADARSH Vs. STATE OF U P
LAWS(ALL)-2004-9-117
HIGH COURT OF ALLAHABAD
Decided on September 02,2004

GARIMA ADARSH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) BY the Court. Heard learned counsel for the petitioner and the learned Standing Counsel.
(2.) THE petitioner is a young women, who belongs to Jatav (Harijan) caste and she has alleged in this petition that she has fallen in love with a young man of the Jat caste. THE petitioner was born on 17-8- 1983 as is evident from the High School Certificate, a copy of which has been annexed as Annexure-1 to the petition. Thus, the petitioner Smt. Garima Adarsh is over 21 years of age. It is alleged in paragraph 7 of the writ petition that Anuj Kumar with whom she is in love is 28 years of age. Under Section 3 of the Indian Majority Act, 1875 a person who reaches the age of 18 years is called a major, while before that he/she is a minor. Once a person becomes a major then in the eyes of law it is deemed that he/she can see his/her welfare and interest. Hence the boy or girl, who reaches the age of 18 years can marry any one whom he/she likes and go any where. We have heard disturbing reports particularly from the western districts of Uttar Pradesh that when the young boys or girls of different castes or religion wish to get married, they are often attacked- threatened or sometimes even killed by their family members or members of their caste/relgion. This is shocking and barbaric, in a democratic country once a person become major he/she can marry any one and there cannot be any impediment to this.
(3.) THIS writ petition is, therefore, disposed of with a direction to the District Magistrate and Senior Superintendent of Police, Meerut to ensure that proper security is provided to the petitioner and Anuj Kumar and they are not harassed, intimidated or attacked by any one, and if any one tries to do so that person should be severely dealt with in accordance with law. We further direct the Chief Secretary of Uttar Pradesh to issue a circular to the District Magistrates and Senior Superintendents of Police of that districts of Uttar Pradesh that they must ensure that such threats, intimidations or attacks do not take place on persons, who wish to get married with persons of a different caste or religion, ant any one who tries to do so should be severely punished in accordance with law. Let a copy of this judgment be sent by the Registrar General of this Court to the Chief Secretary of Uttar Pradesh, the Home Secretary of Uttar Pradesh and the Director General of Police of Uttar Pradesh forthwith. Petition disposed of. .;


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