Smt. Neelam And Another vs State Of U.P. And Others
2011 Latest Caselaw 163 ALL

Citation : 2011 Latest Caselaw 163 ALL
Judgement Date : 9 March, 2011

Allahabad High Court

Smt. Neelam And Another vs State Of U.P. And Others on 9 March, 2011

Bench: Ashok Bhushan, Ran Vijai Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 
Case :- WRIT - C No. - 12885 of 2011
 
Petitioner :- Smt. Neelam And Another
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Virendra Pratap Saroj
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Ashok Bhushan,J.

Hon'ble Ran Vijai Singh,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the petitioners and learned Standing Counsel.

By this writ petition, petitioners have prayed for a mandamus commanding the respondents not to interfere in peaceful life of the petitioners.

Petitioners' case in the writ petition is that petitioners are major and they have performed their marriage on 17.07.2010.

Learned Standing Counsel points out that in the writ petition there are no allegation of any kind on the basis of which writ petition can be entertained. He submits that writ petition has been filed on mere apprehensions. Reliance has been placed upon a judgement in the case of Lata Singh Vs. State of U.P. reported in AIR 2006 SC 2522 by the counsel for the petitioners.

In the writ petition there are no allegation of any kind on the basis of which any relief can be granted to the petitioner. The petition has been filed merely on apprehension. In Lata Singh's case (supra), the first information report was lodged, both boy and girl were beaten by brothers of the girl and statement was also recorded of the girl before the Magistrate. In such circumstances, the Apex Court had quashed the prosecution.

It is true that a major boy or girl are free to marry any person of their choice. However, it was laid down by the Apex Court in Seema (Smt.) Vs. Ashwani Kumar; 2006(2) SCC 578 that all marriages are required to be compulsorily registered. It is open for the petitioners to make appropriate application for registration of their marriage in accordance with Uttar Pradesh Hindu Marriage Registration Rules, 1973 and in event any person causes any undue harassment or recourse recourse according to the provisions of criminal procedure code.

Subject to the above observations, writ petition is dismissed.

Order Date :- 9.3.2011

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