Court No. - 2
Case :- WRIT - C No. - 23448 of 2018 Petitioner :- Smt. Neha Khan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tufail Hasan 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.
This Court had granted time to the State to explain the action they have taken but it appears that the State seems to have not been given any instructions.
However, as it is stated that both petitioners are major and they have solemnized their marriage out of their own free will and they have real threat to their marital life, they may be given protection by the concerned police authority 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 partly allowed.
Order Date :- 30.7.2018 DKS