Suneet Kumar, J. - (1.) Petitioners claim to have married as per muslim custom under personal law. First petitioner, i.e. the lady is aged about 23 years, whereas, second petitioner is aged about 53 years; both are illiterate. The document in support of their age is the Aadhar card. Both the petitioners are present in the Court, and have been identified by their counsel. In para-11 of the petition, it is averred that the second petitioner has contracted the present marriage after effecting instant talak (Triple Talaq) to his wife. The second petitioner admits before the Court that from his first marriage, he has two minor children, one residing with the wife and other with him. On a specific query as to when and why the instant divorce was effected, the second petitioner would state that to contract second marriage he has divorced his wife, no other reason is pleaded or stated before the Court.
(2.) The petitioners seek a direction to restrain the respondent police authorities and the third respondent, who is the mother of the lady from harassing them, further, to ensure security and safety of the petitioners and in particular to the first petitioner. It is alleged that the respondents are harassing the petitioners living as man and woman.
(3.) Learned counsel for the petitioner would submit that the petitioners are adult and are at liberty to choose their own partner on attaining age of majority within social framework of the society and the country, therefore, the petitioners cannot be deprived of their life and personal liberty except in accordance with the procedure established by law under Article 21 of the Constitution.;