WPCRL/1597/2023
2023 Latest Caselaw 3471 UK

Uttarakhand High Court

WPCRL/1597/2023 on 28 November, 2023

Author: Rakesh Thapliyal

Bench: Sharad Kumar Sharma, Rakesh Thapliyal

                     Office Notes, reports,
SL.                orders or proceedings or
          Date                                                 COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      28.11.2023
                                                WPCRL No. 1597 of 2023
                                                Hon'ble Sharad Kumar Sharma, J.

Hon'ble Rakesh Thapliyal, J.

Mr. Ajay Joshi, Advocate, holding brief of Mr. Anoop Jaiswal, Advocate, for the petitioners.

Mr. Rakesh Joshi, Additional C.S.C., for the State.

The petitioners have come up before this Court, seeking protections as against the probable atrocious action, expected to be taken by the private respondents, owing to the fact, that they have married each other, against the wishes of respondent Nos. 4 to 7.

is that according to her High School certificate, her date of birth has been recorded as to be 04.04.2005, as such, on the date of their marriage i.e. on 10.09.2023, she was major and there was no legal embargo, as such, from solemnisation of marriage according to her wishes with petitioner No. 2.

Both the parties are present in person and in support thereto, they have placed on record the High School certificate. They are seeking their protection in the light of the judgment, as it has been rendered by the Hon'ble Apex Court in the matters of Lata Singh Vs. State of U.P. and Another, as reported in 2006 (5) SCC 475. But, however, the basis of marriage is the marriage certificate, as issued by the Arya Samaj Mandir, Puraini District Bijnor, Uttar Pradesh.

This writ petition would stand disposed of directing respondent No. 3, to provide protection to the petitioners, as against any atrocious acts by respondent Nos. 4 to 7. However, it is made clear that the petitioners undertake that they will get their marriage registered before the Registrar of Marriages in accordance with the provisions of Registration.

Subject to the aforesaid, the writ petition stands disposed of.

(Rakesh Thapliyal, J.) (Sharad Kumar Sharma, J.) 28.11.2023

Mahinder/