Allahabad High Court
Smt. Rehnuma And Another vs State Of U.P. And 3 Others on 17 February, 2021
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- WRIT - C No. - 3540 of 2021
Petitioner :- Smt. Rehnuma And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Arvind Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State functionaries.
The petitioners have preferred this writ petition for a direction upon the respondents not to interfere in their married life and also for protection of their lives and liberty.
The petitioners claim that they are major and have performed marriage out of their own freewill and living together as husband and wife. It is stated that since they have performed the marriage against the wishes of their parents, the private respondent and his other family members have got annoyed and there is serious danger to the lives of the petitioners and they are being threatened and harassed. It is stated that they have apprehension that private respondent can eliminate them for the honour of his family. In case this Court does not grant them protection, their lives may be endangered.
It is contended by learned counsel for the petitioners that as per the AADHAR Card, date of birth of petitioner no.2 is 1.1.2002 (19 years) and since both the petitioners are Muslims, they have performed their marriage as per Muslims rites and rituals. Under the Muslim Law, the marriage/ Nikah is a contract. The Muslim law recognizes the right of adults to marry by their own free will. The conditions for a valid Muslim marriage are; both should be of the age of puberty and there has to be offer and acceptance, two witnesses must be present and absence of a prohibited degree of relationship. In support of his contention, he has relied upon the judgment of Hon'ble Apex Court in Shafin Jahan Vs. Asokan K.M. [ 2018 AIR (SCW) 1933].
It is next contended by learned counsel for the petitioners that the petitioner no. 2 has attained the age of majority as per Muslim Law and the Special Marriage Act does not prohibit for registration of their marriage. As per the AADHAR Card, the petitioner no.1 is major, wherein date of birth of petitioner no.1 is 1.1.2001.
In view of the order that is proposed to be passed, there is no need to issue notice to private respondent. The Supreme Court in a long line of decisions has settled the law that where a boy and a girl are major and they are living with their free will, then, nobody including their parents, has authority to interfere with their living together. Reference may be made to the judgements of the Supreme Court in the cases of Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234; Lata Singh v. State of U.P. and another, (2006) 5 SCC 475; and, Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396, which have consistently been followed by the Supreme Court and this Court, as well as of this Court in Deepika and another v. State of U.P. and others, 2013 (9) ADJ 534. The Supreme Court in Gian Devi (supra) has held as under:
"7. ... Whatever may be the date of birth of the petitioner, the fact remains that she is at present more than 18 years of age. As the petitioner is sui juris no fetters can be placed upon her choice of the person with whom she is to stay, nor can any restriction be imposed regarding the place where she should stay. The court or the relatives of the petitioner can also not substitute their opinion or preference for that of the petitioner in such a matter."
Having regard to the facts and circumstances of the case, I am of the view that the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Superintendent of Police, Aligarh i.e. the second respondent, with a certified copy/computerized copy of this order, who shall provide immediate protection to the petitioners.
A liberty is granted to the private respondent that if the documents brought on the record are fabricated or forged, it will be open to him to file a recall application for recall of this order.
The petitioners shall approach the authority concerned for offline registration of their marriage within two weeks from the production of certified/computerized copy of this order who shall consider the registration of their marriage within a period of six weeks therefrom. If the petitioners do not apply within the stipulated period hereinabove, the protection granted under this order shall stand automatically vacated.
It is made clear that this Court has not adjudicated upon the alleged marriage of the petitioners and this order in no way expresses opinion about the validity of their marriage.
With the aforesaid observations, the writ petition is disposed of. No order as to costs.
Order Date :- 17.2.2021/Akbar
