Court No. - 10
Case :- WRIT - C No. - 39040 of 2019 Petitioner :- Muskan And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Kanojia Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and learned Standing Counsel appearing for the State of U.P.
The petitioners as usual are claiming protection as they have married of their own free will against the wishes of their parents/relatives.
The averments in the petition are supported by the joint affidavit of the petitioners.
The petitioners have filed certificate of registration of their marriage.
In support of their age, petitioner no. 1 brought on record her AADHAR Card wherein the date of birth of is shown to be 17.11.2001 and that of petitioner No.2 brought on record his AADHAR Card, wherein date of birth is shown as 15.1.1998. Thus, it appears from the record that both the petitioners are major.
Learned Standing Counsel states that as per the Government Order dated 31.8.2019, the petitioners may approach the police and the requisite protection shall be given to them.
In view of legal position which has been summed up in the case of Pooja and another vs. State of U.P. and others 2013 (6) ADJ 225 and the prima facie proof of marriage in the form of certificate of registration of marriage, without expressing any conclusive opinion regarding marriageable age of both the petitioners, validity of their marriage or the genuineness of the marriage certificate produced or the change of their religion, the writ petition is disposed of with the direction to the concerned police authorities/Senior Superintendent of Police concern to ensure that petitioners are not put to any threat or torture and their married life is not disturbed provided their marriage certificate is not found to be fictitious and further they are not wanted or involved in any case in connection with the above marriage and living together.
This order would not be treated by any authority as a certificate of marriage between the parties.
Since the petition is being disposed of in limine, any person aggrieved by it is at liberty to apply for its recall, if the order has been obtained by suppression or concealment of facts or on false averments.
However, this order would not come in way of investigation, if any, pending before the police authorities.
The writ petition is disposed of accordingly with above observations.
Order Date :- 29.11.2019/p.s.