Smt. Shivani Dhiman And Another vs State Of U.P. Thru Secy. And 4 ...
2013 Latest Caselaw 6039 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - C No. - 52371 of 2013
 

 
Petitioner :- Smt. Shivani Dhiman And Another
 
Respondent :- State Of U.P. Thru Secy. And 4 Others
 
Counsel for Petitioner :- Ajay Kumar Chaudhary
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Mithal,J.

1.  Heard learned counsel for the petitioners and learned standing counsel appearing for the State of U.P.

 2.    The petitioners as usual are claiming protection of their life from their parents/relatives who with the police help are disturbing their married life as they have married of their own free will against the wishes of their parents.

 3.     In view of legal position which has been summed up in the case of Smt. Pooja and another Vs. State of U.P. and others 2013  (6) ADJ 225 without expressing any opinion about the marriageable age of both the petitioners, validity of their marriage or the genuineness of the marriage certificate, if any, produced, the writ petition is disposed of with liberty to the petitioners to approach the concerned court of Magistrate/ police authorities/Senior Superintendent of Police and to appraise any of these authorities 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 subject to final outcome of the inquiry or investigation. 

 4.     The filing of this petition or the order of its disposal would not be treated as proof of marriage between the petitioners which would be subject to declaration of their status by the court of competent jurisdiction or upon the registration of their marriage with the competent authority in accordance with law.

 5.     Since the petition is being disposed of in limine, any person aggrieved by it is at liberty to apply for its recall, if the order has been obtained by suppression or concealment of facts or on false averments. 

 6.     The writ petition is disposed of with above observations. 

Order Date :- 24.9.2013

SKS