Court No. - 2
Case :- WRIT - C No. - 28247 of 2018 Petitioner :- Smt. Sulochana And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Kumar Dwivedi 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. They have filed the complete online application for registration of their marriage.
It is further stated by learned counsel for the petitioners that petitioner No.1 personally went to the Senior Superintendent of Police, Aligarh and gave an application dated 27.7.2018.
Learned Standing Counsel submitted that in the matter, the First Information Report has been lodged.
Learned counsel for the petitioner states that the petitioner would assail the FIR before the appropriate forum.
As the petitioners prima facie have shown their willingness to register their marriage by fling complete online application, they, if get the same registered within four weeks from today and produce the same before the police authority, the police authority may give them protection in view of the decisions of Apex Court in Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234; Lata Singh v. State of U.P. and another, (2006) 5 SCC 475; and Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396.
It goes without saying that this Court has not entered into whether the marriage is legal or not.
It goes without saying that I have not stayed investigation nor arrest nor the FIR as that is not within the jurisdiction of this Court.
With these observations, this petition is disposed off.
Order Date :- 21.8.2018/Mukesh