Court No. - 2
Case :- WRIT - C No. - 12691 of 2021 Petitioner :- Sonali Shrivastava And Another Respondent :- State Of U.P And 4 Others Counsel for Petitioner :- Ajit Kumar Counsel for Respondent :- C.S.C.,Arun Kumar Tripathi
Hon'ble Suneet Kumar,J.
Both the petitioners and fourth & fifth respondent are present in the Court. The first petitioner has been produced by the fourth respondent, Station House Officer, P.S. Kotwali, District Farrukhabad.
The instant petition has been filed seeking a direction to the respondents not to harass and torture the petitioners and not to interfere in their peaceful matrimonial life.
The record reveals that petitioners solemnized marriage on 28.4.2021 under Hindu Rights and Customs at Arya Samaj Mandir, (Regd.)-133/2017, Shahdara, Delhi, thereafter, they jointly filed online form for registration. It appears that the fifth respondent, father of the first petitioner, lodged a missing report, consequently, petitioners were apprehended at Noida and brought to the police station. The first petitioner submitted a notarized affidavit dated 9.6.2021, wherein, allegations have been made against the second petitioner that he had enticed her on the promise of a job, thereafter, she returned to her home on being apprehended by the police. The second petitioner has denied the allegation and submits that petitioners are known to each other for the past 3-4 years and they went voluntarily and solemnized marriage. The first petitioner on being confronted with the marriage certificate of the Arya Samaj, she states that she left her home on being rebuked by her parents and went to her relative house, from where, she went along with the second petitioner.
Learned counsel for the petitioners submits that the marriage is a valid and legal marriage having the sanction of law under Arya Marriage Validation Act, 1937.
Petitioners were permitted to interact with each other in isolation. The first petitioner, thereafter, made a statement in presence of the second petitioner and respective counsels that she wants to return to her parents and is not willing to go in the company of the second petitioner.
Be that as it may, this Court would not enter into the merit or validity of the marriage. It is be open for the parties to take recourse in accordance with law before the appropriate forum. The first petitioner is an adult and this Court would not compel her to go in the company of the second petitioner against her wish. Accordingly, she is at liberty to return along with the fifth respondent, father, who is present in the Court, in the protection of the fourth respondent, Station House Officer, P.S. Kotwali, District Farrukhabad.
It is clarified that this order would not cause prejudice to the second petitioner to take remedy in accordance with law.
With the aforesaid observation/direction, writ petition is disposed of.
Order Date :- 12.8.2021 Mukesh Kr.
Digitally signed by Justice Suneet Kumar Date: 2021.08.12 14:09:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad