POOJA AND ANOTHER Vs. STATE OF U P AND 2 ORS
LAWS(ALL)-2016-6-46
HIGH COURT OF ALLAHABAD
Decided on June 20,2016

Pooja And Another Appellant
VERSUS
State Of U P And 2 Ors Respondents

JUDGEMENT

- (1.) This petition has been filed for a direction upon the respondents not to disturb the peaceful marital life of the petitioners in any manner. Petitioners have appeared before this Court and have been identified by their counsel.
(2.) From the averments which has been brought on record, it appears that the writ petition has been filed merely based upon apprehension. There is nothing on record to indicate that the respondent no.4, who is father of petitioner no. 1 is interfering in the marital life of the petitioners.
(3.) Law is, otherwise, settled that it is the right of married couple to live peacefully without any interference, in case, they are major.Hon'ble Supreme Court in Lata Singh Vs. State of U.P., 2006 AIR(SC) 2522 has already issued following directions in para- 17 which reads as Under:- "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. ";


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