- (1.) HEARD learned Counsel for the petitioners. Learned Standing Counsel appears for respondent Nos. 1, 2 and 3. The respondent Nos. 4 and 5 are father and brother of petitioner No. 1.
(2.) BY this writ petition the petitioners, claiming to be of major and of marriageable age and entered into marriage with their consent, have prayed for directions to the respondents as well as their relatives arrayed as private respondent and the police not to take any action against the petitioners. They have further prayed that the police should not arrest them during the pendency of the writ petition. Paragraphs 12 and 18 of the writ petition, allegedly giving cause of action to the petitioners, are quoted as below: "12. That at this family of the petitioner No. 1 became infuriated. They said that they will be done to death not only petitioner No. 1 to petitioner No. 2 as well and his family also. Father of the petitioner No. 1 who is a police man threaten to lodge F.I.R. against the family member of the petitioner No. 2. 18. That after the marriage, petitioners were repeatedly threatened by family of the petitioner No. 1. The said threats were given by father, respondent No. 4 and brother i.e. Respondent No. 5 petitioners live are in great danger. In this regard, petitioner also made one application and met personally to Senior Superintendent of Police, Muzaffar Nagar on 23.4.2009 narrating all the circumstances that petitioners have got married on 20.4.2009 in accordance with Hindu Rites and Rituals. The aforesaid marriage was solemnized without any dowry. They have married with their free will and consent and without any pressure. Both the petitioners are major it was further stated in the aforesaid application that the family of petitioner No. 1 is threatening petitioners that would be implicated in false case or they would be done to death. By the aforesaid application petitioners have prayed protection of their lives."
(3.) THE petitioners have relied upon Lata Singh v. State of U.P., AIR 2006 SC 2522, in support of their submission, that there is no law prohibiting inter-caste marriage or marriage between the boy and the girl of a different religions. At best the family may socially avoid them, but that they cannot be subjected to harassment, torture and intervention in their life by police.;