Smt. Pooja And Another vs State Of U.P. And 3 Others
2016 Latest Caselaw 3482 ALL

Citation : 2016 Latest Caselaw 3482 ALL
Judgement Date : 9 June, 2016

Allahabad High Court

Smt. Pooja And Another vs State Of U.P. And 3 Others on 9 June, 2016

Bench: Pankaj Mithal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 28270 of 2016
 

 
Petitioner :- Smt. Pooja And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rajeev Pandey
 
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 but against the wishes of their parents/relatives.

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

4. There is no authentic proof of their marriage as the marriage is not registered. They have not even produced any birth certificate or High School certificate of the girl/lady in proof of her age.

5. Notwithstanding the above, as the petitioners on the averments made in the petition are otherwise of marriageable age who are entitle to live at the place and with the person of their choice, without expressing any conclusive opinion regarding marriageable age of both of them, validity of their marriage or the genuineness of the marriage certificate produced or the change of their religion, the concerned police authorities are directed to ensure that they are not put to any threat or torture and that their married life is not disturbed by any one, provided they apply for registration of their marriage in accordance with the provisions of the Uttar Pradesh Hindu Marriage Registration Rules,1973/The Special Marriage Act,1954 within a period of one month from today and file the certificate of registration of marriage before the Court on affidavit, within two months from today, failing which, the interim protection granted herein-above shall automatically cease to operate.

6. It is made clear that filing of this petition or this order would not be treated as proof of valid marriage between the petitioners and that it would not affect any investigation, if any, pending before the police authorities in connection with their age or marriage.

7. Issue notice to respondent no.4 by registered post.

8. Learned Standing counsel may seek instructions.

9. List for admission/final disposal immediately after two months.

Order Date :- 9.6.2016

SKS