Court No. - 10
Case :- WRIT - C No. - 37156 of 2019 Petitioner :- Smt. Pragya Goyal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Sri Ram Babu Singh holding brief of Sri Bharat Singh,learned counsel for the petitioners, and Sri M.D. Mishra, learned counsel appearing for respondent no.4 and learned Standing Counsel appearing for the State of U.P..
Sri M.D. Mishra, learned counsel has filed his Vakalatnama on behalf of the respondent no.4, which is taken on record.
Marriage certificate of the petitioners has been annexed with the petition. Learned counsel for the respondents could not dispute about the marriageable age of the petitioners.
The petitioners as usual are claiming protection as they have married of their own free will against the wishes of their parents/relatives.
The petitioners have filed certificate of registration of their marriage.
The averments in the petition are supported by the joint affidavit of the petitioners.
In support of their age, petitioner no. 1 brought on record her AADHAR Card wherein the date of birth of is shown to be 1.7.1999 and that of petitioner No.2 brought on record his High School Certificate, wherein date of birth is shown as 15.9.1996. 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 Aditya