Court No. - 10
Case :- WRIT - C No. - 39134 of 2019 Petitioner :- Smt. Priya Tiwari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Garun Pal Singh,Amit Rai 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.
This is the second marriage of petitioner no. 2. Copy of decree of divorce granted on 20.11.2019 has been annexed.
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 26.2.1996 and that of petitioner No.2 brought on record his AADHAR Card, wherein date of birth is shown as 21.7.1983. Thus, it appears from the record that both the petitioners are major.
Learned counsel for the petitioner states that the petitioners have already applied for registration of their marriage.
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 without expressing any opinion about the marriageable age of both the petitioners, validity of their marriage or the genuineness of the marriage certificate, if any, produced or the change of their religion, the writ petition is disposed of with liberty to the petitioners to approach the concerned court of magistrate/police authorities/Senior Superintendent of Police and to appraise any of these authorities of the disturbance by outsiders in their married life and in case it is so done, the police authorities would ensure that they are not wanted or involved in any case in connection with the above marriage or living together as they allegedly have already applied for registration of the marriage in accordance with the provisions of the U.P. Marriage Registration Rules, 2017 as registration of marriage is compulsory vide decisions of the Supreme Court report in (2006) 2 SCC 578 and (2008) 1 SCC 180 Seema (Smt) vs. Ashwani Kumar and in case they fail in registration of their marriage, the protection herein above would cease to operate.
The filing of this petition or the order of its disposal would not be treated as proof of marriage between the petitioners which would be subject to declaration of their marriageable status by the court of competent jurisdiction or upon the registration of their marriage with the competent authority in accordance with law.
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.