Court No. - 2
Case :- WRIT - C No. - 28390 of 2018 Petitioner :- Smt. Madhu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State.
Learned counsel for the petitioners submitted that both petitioners are major and they have solemnized their marriage out of their own free will. It is alleged that the private respondents are interfering with marital life and liberty of the petitioners. The petitioners have filed a complete online application for registration of their marriage.
The petitioners have moved an application to the police authority on 8.7.2018 which shows that they have real apprehension to their marital life and liberty.
As the petitioners prima facie have shown their willingness to register their marriage by fling complete online application, they, if get the same registered within four weeks from today and produce the same before the police authority, the police authority may give 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.
It goes without saying that this Court has not entered into whether the marriage is legal or not.
With these observations, this petition is disposed off.
Order Date :- 23.8.2018 Asheesh