Court No. - 2
Case :- WRIT - C No. - 25418 of 2018 Petitioner :- Smt. Sonali Bhatt And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Dohare Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard learned counsel for the petitioners and learned standing counsel appearing for the State of U.P.
2. The petitioners as usual are claiming protection of their life from their parents/relatives who with the police help are disturbing their married life as they have married of their own free will but against the wishes of their parents/relatives.
3. The petitioners allege to be of marriageable age who have married according to their free will but there is no authentic legal proof of their marriage as the marriage is not registered.
4. However, as the petitioners are prima-facie of marriageable age who are entitle to live at the place and with the person of their choice, without expressing any conclusive opinion regarding marriageable age of both of them, validity of their marriage or the genuineness of the marriage certificate produced or the change of their religion, the concerned police authorities are directed to ensure that they are not put to any threat or torture and that their married life is not disturbed by any one, provided they apply for registration of their marriage in accordance with the provisions of the Uttar Pradesh Hindu Marriage Registration Rules, 1973/The Special Marriage Act, 1954 within a period of one month from today and file the certificate of registration of marriage before the Court on affidavit, within two months from today, failing which, the interim protection granted herein-above shall automatically cease to operate.
5. It is made clear that filing of this petition or this order would not be treated as proof of valid marriage between the petitioners and that it would not affect any investigation, if any, pending before the police authorities in connection with their age or marriage.
6. With these observations, the writ petition is partly allowed. Order Date :- 27.7.2018/LN Tripathi