Smt. Komal Devi And Another vs State Of U.P. And 3 Others
2016 Latest Caselaw 3360 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 
Case :- WRIT - C No. - 27391 of 2016
 
Petitioner :- Smt. Komal Devi And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Gyanendra Kumar Singh
 
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 as they have married of their own free will against the wishes of their parents/relatives.

3. The averments in the petition are supported by the joint affidavit of the petitioners.

4. The petitioners have filed certificate of registration of their marriage.

5. 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 and the prima facie proof of marriage in the form of certificate of registration of marriage, without expressing any conclusive opinion regarding marriageable age of both 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.

6. This order would not be treated by any authority as a certificate of marriage between the parties.

7. 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.

8. However, this order would not come in way of investigation, if any, pending before the police authorities.

9. The writ petition is disposed of accordingly with above observations.

Order Date :- 1.6.2016/v.k.updh.