Court No. - 2
Case :- WRIT - C No. - 25979 of 2018 Petitioner :- Smt. Jyoti And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nirbhay Singh Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
It is stated that both petitioners are major and they have solemnized their marriage out of their own sweet and free will but except recital of Rs.20/- stamp paper, he has not filed any evidence.
A Hindu marriage cannot be solemnized on Rs.20/- stamp- paper. I am in agreement with the counsel for State that there are even inter collision in paragraph 2 of the said document under the Hindi Marriage Act. The marriages were not performed on Indian Judicial paper and therefore, prima facie if they produce their proof of marriage before the authority concerned within ten days or they got registered their marriage before Registrar of Marriage, the police to grant protection to them 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 of.
Order Date :- 31.7.2018/Mukesh