SONAM AND ANOTHER Vs. STATE OF U P SECRETARY AND OTHERS
LAWS(ALL)-2016-7-209
HIGH COURT OF ALLAHABAD
Decided on July 12,2016

Sonam And Another Appellant
VERSUS
State Of U P Secretary And Others Respondents

JUDGEMENT

- (1.) Petitioners have appeared in person before this Court and it is stated that both petitioners are major, and have solemnized their marriage, but the private respondents are interfering with their matrimonial life.
(2.) It is settled under the orders of the Apex Court in Lata Singh Vs. State of U.P., 2006 AIR(SC) 2522, that it is the right of major individuals to live together or to solemnize marriage and no interference with such right is permissible. Para 17 of the judgment in Lata Singh is reproduced:- "The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. 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."
(3.) In view of the above, this writ petition stands disposed off, with liberty reserved to the petitioners to approach the concerned Senior Superintendent of police, in case any interference is made in the marital right of the petitioners or the life and liberty of petitioners are threatened. It goes without saying that if such a grievance is raised, the authorities concern shall act in accordance with the directions of the Apex Court in Lata Singh .;


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