Court No. - 10
Case :- WRIT - C No. - 9898 of 2016 Petitioner :- Asama And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mazhar Ullah Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
List revised. No one on behalf of petitioner appears to press the present writ petition, whereas, Shri Apurva Hajela, learned Standing Counsel is present.
Record in question reflects that interim protection has already been accorded by this Court on 02.03.2016 and the Court has proceeded to pass following order:-
"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.3 by registered post.
8. Learned Standing Counsel may seek instructions.
9. List for admission/final disposal immediately after two months."
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending.
Consequently, the writ petition stands disposed of in terms of interim protection accorded by this Court on 02.03.2016.
Order Date :- 27.11.2018 A. Pandey