Court No. - 2
Case :- WRIT - C No. - 28330 of 2018 Petitioner :- Smt. Farjana And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- U.C. Chaturvedi Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State.
This petition at the behest of the petitioners has been preferred for seeking protection as they have threat to their marital life and liberty.
According to them they have entered into Nikah on 25.5.2016 and as they have threat to their marital life they have sent an application by registered post to the Senior Superintendent of Police, Muzaffarnagar as well as Station House Officer, Police Station Kotwali, Muzaffarnagar on 2.8.2018.
Learned Standing Counsel for the State raised objection that there is no registration of the marriage.
This Court, in such cases where there is no registration of marriage and even no willingness has been shown to get the same registered, will be loath in granting protection.
However, if they go to the Marriage Registration Officer to get their marriage/nikah registered as per U.P. Registration of Marriage Act without taking any technical stand that the Muslim does not require his/her marriage to be registered and on such application being filed, the police authority, on seeing such application made online or personally, may grant them protection in view of the decisions of Apex Court in 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.
With these observations, this petition is disposed.
Order Date :- 21.8.2018 DKS