Allahabad High Court
Smt. Bharti And Another vs State Of U.P. And 2 Others on 27 November, 2015
Bench: Pankaj Mithal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?A.F.R.
Court No. - 38
Case :- WRIT - C No. - 64453 of 2015
Petitioner :- Smt. Bharti And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Kashi Naresh Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J.
1. Heard learned counsel for the petitioners and the learned standing counsel appearing for the State of U.P.
2. The petitioners as usual are claiming protection as they have married of their own free will against the wishes of their parents/relatives.
3. The petition is supported by affidavit of petitioner No.2. The petitioners are of marriageable age as per their High School Certificates. A joint supplementary affidavit has also been filed which contains certificate of registration of their marriage.
4. The High School Certificates of the petitioners prima facie prove that they are of marriageable age. The certificate of registration of their marriage ex-facie raises a presumption that they are duly married.
5. In view of the above certificates on record, no person has any right or authority of law to interfere with the living of the petitioners together as husband and wife unless contrary is proved and the documents so furnished by them are found to be fake.
6. In such a situation, the State authorities, specially the police has no right to visit them and to harass them either on their own motion or on the basis of any complaint in this regard or at the behest of the family members of any of them rather the police is duty bound to protect them and provide security to them. This, however, does not affect the right of the police to investigate the matter if there is any first information report or complaint against them in connection with the marriage or otherwise, but in carrying out any such investigation, in the wake of the above certificates, it has no authority of law to cause any harassment or arrest them unless something contrary against the presumption of marriage comes out during the course of the investigation. It is well acknowledged that the arrest is not necessary in every case. The case of living together of two persons of opposite sex as husband and wife on the basis of certificate of registration of their marriage is one of such kind of cases where arrest is generally not mandatory.
7. In view of the above legal position and that has been summed up in the case of Smt. Pooja and another Vs. State of U.P. and others 2013 (6) ADJ 225 in the light of the prima facie proof of marriage in the form of certificate of registration of marriage, without expressing any conclusive opinion regarding marriageable age of the petitioners, validity of their marriage or the genuineness of the marriage certificate produced or the change of their religion, the writ petition is disposed of with the direction to the concerned police authorities/Senior Superintendent of Police concern to ensure that petitioners are not put to any threat or torture and their married life is not disturbed provided their marriage certificate is not found to be fictitious and further they are not wanted or involved in any case in connection with the above marriage and living together.
8. However, this order would not come in way of investigation, if any, pending before the police authorities and would not be treated by any authority as a certificate of marriage between the parties.
9. 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.
10. It may be observed that the police officers are supposed not to cause any interference, harassment or arrest of any such two persons in a routine manner even if there is a complaint or first information report in connection with their marriage, where the marriage is registered though they may proceed to investigate the matter and submit report accordingly.
11. I, therefore, direct the Director General of Police, U.P., Lucknow to issue general instructions in this regard to all the sub-ordinate police officers and the district heads of the police to follow the above directions.
12. Let a copy of this order be sent by the Registry to the to the Director General of Police, U.P., Lucknow for necessary action.
13. The writ petition is disposed of accordingly with above observations/directions.
Order Date :- 27.11.2015
Brijesh
