- (1.) HEARD learned counsel for the petitioners and learned Standing Counsel for the State- respondents.
(2.) NO notice is being issued to the private respondent in view of the order proposed to be passed today. Liberty is reserved for the private respondent to seek modification of the order passed herein below, if so advised. This writ petition is being disposed of finally, without calling for any further affidavits. Petitioners have prayed for a writ of mandamus directing the respondents not to harass the petitioners by any coercive measure, as they are legally married.
(3.) MARRIAGE is definitely wishes of a boy and girl to continue with their conjugal relationship provided they have attained the age of marriage, as required by law. We have been fortified with several writ petitions in which more or less identical reliefs are claimed for protection of their marital relationship, which is allegedly being interfered with and harassed by their parents or relatives, who are private respondents. The writ jurisdiction is not made to resolve such type of dispute between the two private parties. We otherwise strongly believe family law is no law. It is a social problem, which can only be uprooted socially and not by the intervention of the writ Court in the garb of violation of Article 21 of the Constitution of India unless it is established beyond doubt. If there is any real grievance of married couple against their parents or relatives who are allegedly interfering with their conjugal rights which goes to such extent that there is threat of life, they are at liberty to lodge any criminal complaint or file F.I.R. whichever is required under the law to the police and in case of refusal, may make appropriate application before the appropriate Court of criminal law by way of applications under Sections 155 or 156 of the Criminal Procedure Code. Similarly, in case the parents or relatives, find that illegally their son or daughter was eloped for the purpose of marriage although he or she is underage or not inclined or they are behaving violently, they are equally at liberty to take steps in a similar manner.;