Court No. - 2
Case :- WRIT - C No. - 27757 of 2018 Petitioner :- Mohammad Hasnain And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rafiuddin Ansari 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.
It is stated 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. They have filed the complete online application for registration of their marriage by way of supplementary affidavit. They have moved an application to the police authority on 28.06.2018.
It is stated by the learned Standing Counsel for the State that the F.I.R. has been lodged against one of the petitioners.
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.
As the petitioners have married and they have applied registration of their marriage, the objection raised, cannot be countenanced as this Court has neither entered into whether the marriage is legal or not nor has stayed the F.I.R. nor has stayed the arrest or investigation. This Court has only directed the police authority to grant protection against harassment.
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 :- 21.8.2018 Praveen