Court No. - 2
Case :- WRIT - C No. - 25494 of 2018 Petitioner :- Smt. Soni Pal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ran Jeet Singh,Chandra Jeet Singh 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.
It is stated that both petitioners are major and they have solemnized their marriage out of their own free will. It is alleged that the private respondents are interfering with marital life and liberty of the petitioners.
The petitioners' counsel was requested to provide legible copy of AADHAR Cards and photographs which would show the clear pictures of the petitioner but, the same has not been given.
While the petition is being heard, learned Standing Counsel has raised objections that not a single document showing that the marriage as per the Hindu Law has been performed and even if the Ikraranama is believed, the marriage is taken place in Madhya Pradesh and, therefore, no cause of action is arisen before this Court. Further, the petitioners, for a period of more than one month have not even approached the police authority that they have any kind of threat. No such application is produced on record.
Hence, in the absence of any cogent evidence to show that they are married and they have threat to their life and personal liberty, this Court merely on such petition, cannot grant them protection.
However, if they appear before the police authority where they are residing namely the police authority of Mathura who may after being satisfied that the petitioners are legally married, grant them protection.
With these observations, this petition is disposed of.
Order Date :- 27.7.2018/DKS