Allahabad High Court
Smt. Jyoti And Another vs State Of U.P. Thru Secy. And 3 ... on 12 April, 2013
Bench: Pankaj Mithal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 59
Case :- WRIT - C No. - 20227 of 2013
Petitioner :- Smt. Jyoti And Another
Respondent :- State Of U.P. Thru Secy. And 3 Others
Petitioner Counsel :- R.S. Chaudhary
Respondent Counsel :- C.S.C.
Hon'ble Pankaj Mithal,J.
Heard learned counsel for the petitioners and learned standing counsel appearing for the State of U.P.
This is a stereotype writ petition similar to large number of petitions coming before this Court daily wherein young girls and boys claim protection from their parents and relatives alleging threat by them with the support of police to their life contending that they are adults and have married with their own free will but against the wishes of their elders.
The petitioners herein are also claim that they are of marriageable age and have married with their own free will against the wishes of their parents and therefore, their married life should be protected by restraining the respondents from interferening in their married life as husband and wife.
The factum of the petitioners being of marriageable age or the validity or marriage cannot be adjudicated on the basis of evaluation of the affidavits alone in exercise of writ jurisdiction particularly in the absence of certificates of registration of their respective dates of birth and marriage which are compulsory in law and the proof of their authenticity. The said factual aspects are required to be decided on the basis of the evidence adduced by the parties before the appropriate forum. In such a situation, this Court is at a loss to make any conclusive comments regarding the age of the petitioners or the legality of their marriage. Nonetheless as the right to marriage has been recognized as a right to life under Article 21 of the Constitution of India vide Lata Singh Vs. State of U.P. and another A.I.R. 2006 SC 2522 and it has further been observed that the persons of marriageable age are free to marry any one of their choice and to live an independent married life, they are entitle to be given adequate protection so that their married life, if validly entered, is not disturbed by outsiders.
Normally when any such disturbance is created in the life of a married couple, they are supposed to make a complaint or lodge an F.I.R. whereupon the police would take action, investigate the matter and provide protection, if necessary. .
On the other hand where the parents of either of the parties allege that marriage is not valid for certain reasons or that the parties to the marriage are minor or that the girl has been kidnapped or there is likelihood of the marriage being used as a disguise for immoral purpose, they can also lodge a complaint or F.I.R. with the police whereupon again the matter would be investigated and offenders punished in accordance with law.
The petition is silent regarding any complaint or F.I.R. being lodged by either of the parties.
In Devendra Kumar and others Vs. State of U.P. and others 2011 (6) ADJ 208, a division bench of this Court held that where there is no complaint or F.I.R. against the married couple, the police cannot take any coercive action against them.
Another division bench of the Allahabad High Court in Smt. Nandani and another Vs. State of U.P. and others 2013(1) ADJ 591 held that where parties to the marriage are adults and have chosen to live together as husband and wife, police is required to give protection.
Similar is the view expressed by the recent division bench in Civil Misc. Writ Petition No.7305 of 2013 Smt. Raj Kumari and another vs. State of U.P. and others decided on 8.2.2013 wherein it is held that "once the boy and girl are found to be adults, it is the duty of the police as well as the civil society to ensure that they are not put to fear of their lives or liberty."
In view of above, if the married party complaints of harassment, police has to ensure that no harm is caused to them merely for the reason that they have married against the wishes of their parents or against the tenets of the society provided they are found to be marriageable age and legally weded.
In this settled legal scenario, there is in fact no occasion for the petitioners to invoke the writ jurisdiction of this court as their grievance can be satisfied by making a complaint or lodging F.I.R. with the local police or by approaching the Superintendent of Police or Senior Superintendent of Police concerned who is supposed to take steps as per the law laid down above.
The practice of straight away approaching this Court without raising their grievance in writing before the authorities below is not appricable rather deprecated.
In view of the aforesaid facts and circumstances, the writ petition is disposed of with liberty to the petitioners to approach the concerned Superintendent of Police or Senior Superintendent of Police and to appraise him of the disturbance by outsiders in their married life and in case it is so done, the police authorities would ensure that they are not put to any threat or torture and their married life is not disturbed provided they are prima facie found to be of marriageable age and married in accordance with law and further that they are not wanted or involved in any case in connection with the above marriage or living together.
This order would not be treated by any authority as a certificate of marriage between the parties.
The writ petition is disposed of.
Order Date :- 12.4.2013
RU
