Court No. - 32
Case :- WRIT - C No. - 19126 of 2021 Petitioner :- Arzoo Parveen And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Irshad Saleem Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
Earlier on 10.08.2021, this Court passed the following order:-
"Supplementary affidavit filed today is taken on record.
Heard Sri Irshad Saleem, learned counsel for the petitioners and learned Standing Counsel for the State-respondent.
This writ petition has been filed, seeking protection of life and liberty of the petitioners. The petitioners had claimed to be major. However, there is no documentary evidence in support of such claim. It has also been stated in the writ petition that such evidence is not in her possession.
Accordingly, it is provided that the petitioners shall present themselves before the Chief Medical Officer, Bijnor on 24.08.2021. The Chief Medical Officer, Bijnor under the medical procedures prescribed, ascertain the age of the petitioners. He shall submit a report to learned Standing Counsel in sealed cover by 14.09.2021.
Put up this case as fresh on 16.09.2021 before the appropriate bench.
The parties will not offer any resistance to full implementation of this Court order. Any obstructionist or adverse action on the part of either party may invite action for contempt of Court.
The petitioners are directed to appear before the Chief Medical Officer, Bijnor for the purposes of test as directed above. Since the matter is pending before the Court and the test is to be done in compliance of the order passed by this Court, the respondent-State authorities may ensure that the liberty of the petitioners is not curtailed in the meanwhile.
Copy of this order may be supplied to the learned Standing Counsel for due compliance by all authorities."
Today when the matter was taken up, learned counsel for the petitioners has pointed out that petitioners could not appear before the Chief Medical Officer, Bijnor on 24.08.2021, as directed by this Court.
In view of above, no relief can be granted as the petitioners themselves have not been present before the medical authorities in view of direction of this Court.
The State Government on 31.08.2019 has come out with the Government Order pursuant to the direction of Apex Court in case of Shakti Vahini Vs. Union of India and others, (2018) 7 SCC 192, wherein it has been provided that in case of any harassment to the persons entered into legal marriage, protection is to be granted by District Authority.
Learned counsel for the petitioners contended that an application has already been moved by petitioners before respondent No.2 on 18.07.2021.
The district authorities are hereby directed to consider the application of the petitioners in accordance with Government Order dated 31.08.2019.
The writ petition stands disposed of.
Order Date :- 21.9.2021 V.S.Singh