Writ for Protection of Peaceful Married Life
IN
THE HIGH COURT OF JUDICATURE AT Allahabad
sitting at LUCKNOW
Cri. Misc. WRIT PETITION NO. (M/S)
OF 2024
(Banda)
Smt. Uma Kant Chaube & another.
.........Petitioners
Versus
State
of U. P. and others. ... ………. Respondents
INDEX
|
SL. NO. |
PARTICULARS OF PAPERS |
PAGES |
|
1. |
List of Dates and Events |
|
|
2. |
Memo of Writ Petition. |
|
|
3. |
Annexure
No. 1. The
photo copy of marriage certificate dated 07.05.2024. |
|
|
4. |
Annexure
No. 2. The
true photo copies of High School Mark Sheet and Adhar card of the
petitioners. |
|
|
5. |
Annexure
No. 3. The
copy of application dated 09.05.2024. |
|
|
6. |
Affidavit |
|
|
7. |
I.D. Proof of Deponent. |
|
|
8. |
Vakalatnama |
|
Lucknow
Dated: - (Vinod Kumar Pandey)
Advocate
Counsel for petitioners
AOR No. B/V 0839
Mob-9415381583
IN THE HIGH COURT OF JUDICATURE
AT Allahabad sitting at LUCKNOW
Cri. Misc. WRIT PETITION NO. (M/S) of 2024
(Banda)
Smt. Uma Kant Chaube & another.
.........Petitioners
Versus
State
of U. P. and others. ... ………. Respondents
DATES
& EVENTS
|
Sl.
Nos. |
Dates |
Events |
|
1. |
07.05.2024 |
The
petitioners have been get married on 07.05.2012in Arya Samaj Mahabirganj,
Aliganj, Lucknow, with their own will with no any pressure of anybody, and
since then they are living their peaceful life. |
|
2. |
09.05.2024 |
The
petitioner No.1 has informed to opposite party No.3 regarding their marriage
solemnizes with the petitioner No.2 through an application dated 09.05.2024
along with Adhar Card and Marriage Certificate. |
|
3. |
|
The
aforesaid marriage is the first marriage of petitioner and deponent. |
|
4. |
|
The
petitioners are being threaten by the local police i.e., opposite party No.3
to arrest them, although to the best of petitioner’s knowledge no any F.I.R.
has been lodged against them till date. |
|
5. |
|
Hence
the present writ petition. |
Lucknow
Dated: - (Vinod Kumar Pandey)
Advocate
Counsel for petitioners
IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD SITTING AT
LUCKNOW
Criminal misc. WRIT PETITION NO. _____(M/S) OF 2024
(District bANDA)
100 Rs Stamp
1. Smt. Uma Kant Chaube aged about 24 years D/o Surya Prakash
Mishra, R/ o – Roshan Daula, Post Visheshwarganj, Ayodhya, Raniapur Gobarhi,
Banda, Uttar Pradesh-271821.
2. RoshanS/o Surjeet Kumar R/o Rampurwa, Post Gangajamuni,
Thana Bisheshvaragaj, Ayodhya, Ganga Jamuni, Banda, Uttar Pradesh-271821.
............... Petitioners
Versus
1. State
of U. P. through the Secretary, Home, Government at Lucknow.
2. Superintendent
of Police, District- Bahraich.
3. Station
House Officer, Police Station-
Bisheshvaragaj, District- Bahraich.
4. Nanhe Ram Ratanson of R/ o – Roshan Daula, Post
Visheshwarganj, Ayodhya, Raniapur Gobarhi, Banda, Uttar Pradesh-271821.
............Respondents
WRIT PETITIION UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA
To,
The Hon’ble the Chief Justice and his other
companion Judges of the aforesaid court.
The humble application on behalf of above-named,
Applicants/ Petitioners, Most Respectfully Showeth as under: -
1.
That this is the first
Criminal Misc. Writ Petition on behalf of Petitioners before this Hon’ble Court
for the relief sought therein and earlier to this Petitioner has not filed any
Writ Petition for same cause of action.
2.
That petitioners has
not received any caveat application from the respondents in respect of present
criminal misc. writ petition.
3.
That, the matter
is not related to CBI, prevention of Corruption Act, ED, GPF Scam, matters of
MP, MLA, and matters are not relating to NRHM Scam etc.
4.
That the
above-mentioned matter is very urgent because local police and opposite party
No.4 is harassing the petitioners.
5.
That in the present
case till filing of the present writ petition, no F.I.R. has been lodged
against the petitioners in any police station.
6.
That the petitioners
are husband and wife who are legally wedded on 07.05.2012in Arya Samaj
Mahabirganj, Aliganj, Lucknow, with their own will without any undue pressure
of anybody, and since then they are living their peaceful life. The photo copy
of marriage certificate dated 07.05.2012is being annexed herewith as Annexure No.1 to this writ petition.
7. That,
the petitioner No.1 namely Smt. Uma Kant Chaube is aged about 24 years and
petitioner No.2, namely Roshanis aged about 27 years (on the date of marriage)
as such the petitioners are major, as required under Indian Majority Act. The
true photo copies of High School Mark Sheet and Adhar card of the petitioners
are collectively being annexed herewith as Annexure
No.2 to this Writ Petition.
8.
That the petitioners
fell in love with each other since they are major and with their sweet will
without any coercion and without any undue influence, married according to
Hindu Rites and Rituals on dated 07.05.2012at Arya Samaj Mahabirganj, Aliganj,
Lucknow before respectable witnesses. The marriage certificate is already been
annexed as Annexure No.1 to this writ petition.
9.
That, it is relevant to
mention here that the petitioner No.1 has informed to opposite party No.3
regarding their marriage solemnizes with the petitioner No.2 through an
application dated 09.05.2024 along with Adhar Card and Marriage Certificate.
The copy of application dated 09.05.2024 is being annexed herewith as Annexure No. 3 to this writ
petition.
10.
That the petitioners
are being threaten by the local police i.e., opposite party No.3 to arrest
them, although to the best of petitioner’s knowledge no any F.I.R. has been
lodged against them till date.
11.
That
even being aforesaid information dated 09.05.2024 opposite party No.3 is
harassing the petitioners and their family members without any reasonable
cause. In this way normal life of petitioners is being affected badly.
12.
That
to marry with a person of his/her own choice is a human right also hence
indulgence of this Hon’ble Court is warranted.
13.
That the petitioner
No.1 performed her marriage with Petitioner No.2 namely Roshanwith her
free-will and consent and the parents of petitioners is not happy with this
marriage.
14.
That the aforesaid
marriage is the first marriage of petitioners.
15.
That it is relevant to
mention here that the Article 21 of the Constitution of India give the right to
every citizen of India to live their life with dignity, as such marrying with
the daughter of the respondent No. 4, petitioners did not commit any offence.
16.
That the personal
liberty is the Constitutional Right of every citizen of India and no person
should be deprived of it.
17.
That, the petitioners
are major and they have married with their own sweet will and they are legally
entitled to live with their own choice.
18.
That the petitioners
are peace loving and law-abiding citizens.
19.
That petitioner No.1 is
a star witness of entire episode and with her free will and consent she got
married with the petitioner No.2 and they have right to live with dignity in
view of the Article 21 of the Constitution of India.
20.
That in view of the
facts & circumstances it is expedient in the interest of justice that this
Hon’ble Court may please to intervene in this matter otherwise the petitioners
shall suffer irreparable loss and injury.
21.
That the Petitioners
having no any other efficacious alternative and speedy remedy, are invoking the
extra ordinary jurisdiction of this Hon’ble Court by way of filing this present
writ petition under Article 226 of the Constitution of India on following
grounds amongst others: -
G
R O U N D S
A. Because,
the petitioner No.1 performed her marriage with petitioner No.2 namely
Roshanwith her free-will and consent on 07.05.2012in Arya Samaj Mahabirganj,
Aliganj, Lucknow, according to Hindu Rites and Rituals.
B. Because,
the petitioner No.1 namely Smt. Uma Kant Chaube is aged about 24 years and
petitioner No.2, namely Roshanis aged about 27 years as such the petitioners
are major, as required under Indian Majority Act.
C. Because,
the aforesaid marriage is the first marriage of petitioners.
D. Because,
the father of deponent and his relative members are threatening for kill to
both persons therefore petitioners are not living peacefull life and their life
is in danger all time.
E. Because,
the personal liberty is the Constitutional Right of every citizen of India.
F. Because,
the petitioners are major and they have married with their own sweet will and
they are legally entitled to live with their own choice.
G. Because,
the petitioners are peace loving and law-abiding citizen.
H. Because,
petitioner No.1 is a star witness of entire episode and with her free will and
consent she got married with the petitioner No.2 and they have right to live
with dignity in view of the Article 21 of the Constitution of India.
P
R A Y E R
It is, therefore, most respectfully
prayed that this Hon’ble Court may graciously be pleased to: -
i.
issue a writ, order or
direction in the nature of Mandamus commanding thereby the opposite party No.2,
3 & 4 not to interfere in peaceful married life of both major, petitioners.
ii.
Issue a writ, order or
direction in the nature of Mandamus directing thereby the opposite party No.3
to entertain the application dated 09.05.2024 moved by the petitioner No.1
contained as Annexure No.3 to
this writ petition.
iii.
issue any other
suitable writ, order or direction which this Hon’ble Court may deem fit, just
and proper in the favour of petitioners.
Lucknow
Dated: - (Vinod Kumar Pandey)
Advocate
Counsel for petitioners
IN
THE HIGH COURT OF JUDICATURE AT Allahabad
sitting at LUCKNOW
CRIMINAL MISC. WRIT
PETITION NO. (M/S) of 2024
10
Rs Stamp, Photo, Coupan
1. Smt. Uma Kant Chaube aged about 24 years D/o Surya Prakash
Mishra, R/ o – Roshan Daula, Post Visheshwarganj, Ayodhya, Raniapur Gobarhi,
Banda, Uttar Pradesh-271821.
2. RoshanS/o Surjeet Kumar R/o Rampurwa, Post Gangajamuni,
Thana Bisheshvaragaj, Ayodhya, Ganga Jamuni, Banda, Uttar Pradesh-271821.
............... Petitioners
Versus
1. State
of U. P. through the Secretary, Home, Government at Lucknow.
2. Superintendent
of Police, District- Bahraich.
3. Station
House Officer, Police Station-
Bisheshvaragaj, District- Bahraich.
4. Nanhe Ram Ratanson of R/ o – Roshan Daula, Post
Visheshwarganj, Ayodhya, Raniapur Gobarhi, Banda, Uttar Pradesh-271821.
............Respondents
A F F I D A V I T
I, Smt.
Uma Kant Chaube aged about 24 years D/o Surya Prakash Mishra, R/ o – Roshan
Daula, Post Visheshwarganj, Ayodhya, Raniapur Gobarhi, Banda, Uttar
Pradesh-271821 Occupation-House wife,
Education- Literate the deponent does hereby solemnly affirm and states on oath
as under: -
1. That
the deponent is the petitioner No.1 herself in the above-noted case and doing
pairavi on behalf of petitioner No.2, and as such she is fully conversant with
the facts deposed hereinafter.
2. That
the contents of paragraphs ……to…… are
true to my own knowledge and those the contents of paragraphs ……………. are based
on record and those the contents of paragraph ……………. are based on legal advice
which believed to be true.
3. That
the deponent has carefully compared all the copies of the Annexure 1 to 3 of
the petition are true photo copies of the originals.
Lucknow:
Dated:
- Deponent
Verification
I, the above-named deponent, do hereby
verify that the contents of paragraphs 1 to 3 of this affidavit is true to my
own knowledge. No part of it is false and nothing material has been concealed.
So, help me God.
Lucknow:
Dated:
- Deponent
I identify the above-named deponent who
has signed before me. I know him on the basis of record.
Advocate
Solemnly affirmed before me on …/….
/2024 at A.M./P.M. by Smt. Uma Kant Chaube the deponent who is identified by Mr. Vinod
Kumar Pandey Advocate, AOR No. B/V 0839, High Court, Lucknow Bench, Lucknow.
I have satisfied myself by examining the
deponent that she understands the contents of the affidavit which are read over
and explained to her by me.
Oath Commissioner
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