Court No. - 26
Case :- WRIT - C No. - 56796 of 2017 Petitioner :- Smt. Naheed And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Srivastav Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
1. This writ petition has been filed praying for a writ in the nature of mandamus to be issued to the respondents not to interfere in the peaceful married life of the petitioners in any manner. A photocopy of Nikahnama has been filed by the petitioners along with the writ petition showing that Nikaah between them took place on 25.08.2017 in the presence of witnesses.
2. It has been alleged that the petitioners are both major and legally entitled to marry. However, no age proof, for example, copy of High School Certificate or copy of Scholar Register/Transfer Certificate of the School, in which the petitioner no.1 studied has been filed. No interference can be shown at this stage in this case.
3. However, it is left open to the petitioners to approach the Registrar Marriages under the U.P. Registration of Marriages Rules 2017 and get their marriage (Nikaah) registered. If they are legally entitled to do so, the Registrar shall make all efforts to get their marriage registered within a period of four weeks.
4. The petitioners may thereafter approach the Superintendent of Police of the district concerned along with a copy of their Marriage Registration Certificate. The petitioners shall be granted protection against undue interference on the part of the family members of either of the petitioners in their peaceful married life.
5. It is further made clear that if the petitioners are wanted in some criminal case by any competent court, then, this order shall not mean for protection of petitioners from arrest in such a case.
6. The writ petition is disposed of.
Order Date :- 29.11.2017 LBY