Mohd. Iliyas Kureshi & Another vs State Of U.P. & 3 Others
2015 Latest Caselaw 931 ALL

Citation : 2015 Latest Caselaw 931 ALL
Judgement Date : 25 June, 2015

Allahabad High Court

Mohd. Iliyas Kureshi & Another vs State Of U.P. & 3 Others on 25 June, 2015

Bench: Ran Vijai Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 
Case :- WRIT - C No. - 35652 of 2015
 

 
Petitioner :- Mohd. Iliyas Kureshi & Another
 
Respondent :- State Of U.P. & 3 Others
 
Counsel for Petitioner :- Santosh Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ran Vijai Singh,J.

Heard Sri S.K.Singh, counsel for the petitioners and the 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 14.6.2015. Their marriage has not been registered.

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, I am 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 petitioners are directed to get their marriage registered in accordance with law within a period of two months from date of receipt of a certified copy of the order of this Court. In case their marriage is not registered within the stipulated period the interim protection given this court shall stand automatically vacated.

The writ petition is disposed of with the above observations.

Order Date :- 25.6.2015

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