Ram Prakash Sahu And Another vs State Of U.P. Thru Home Secy. And ...
2011 Latest Caselaw 2151 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 32513 of 2011
 

 
Petitioner :- Ram Prakash Sahu And Another
 
Respondent :- State Of U.P. Thru Home Secy. And Others
 
Petitioner Counsel :- Kamal Mishra
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Ashok Bhushan,J.

Hon'ble Ran Vijai Singh,J.

Heard counsel for the petitioners and learned Standing Counsel.

No notice is issued to private respondent in view of the order proposed to be passed today, however, liberty is reserved for private respondent to apply for variation or modification of this order if he feels so aggrieved.

Petitioners' case in the writ petition is that both the petitioners being major they have solemnised their marriage on 4.5.2011. Petitioners' case is that their marriage has also been registered on 5.5.2011 under the provisions of Hindu Marriages Registration Rules, 1973. Copy of the registration certificate has been filed as Annexure-4 to the writ petition.

The Apex Court in Seema (Smt.) vs. Ashwani Kumar reported in 2006(2) S.C.C. 578 has laid down that all marriages are required to be compulsorily registered. The registration of marriages gives a presumption unless it is rebutted by an order of the competent Court or the marriage certificate is cancelled. Petitioners' case further is that no first information report has been lodged against them.

In view of the facts of the present case, we are of the view that in the event no first information report has been lodged against the petitioners, no coercive action shall be taken against them by the police authorities. It is made clear that in the event any first information report is lodged, it will be open for the police authorities to proceed in accordance with law.

The writ petition is disposed of with the above observations.

Order Date :- 30.5.2011

Ram Murti