This petition alleged interference with marital liberty. The petitioners claimed they solemnized their marriage voluntarily and sought police protection. The court declined to adjudicate the legality of the marriage.
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Court No. - 2
Case :- WRIT - C No. - 22598 of 2018
Petitioner :- Smt. Payal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Rana,Rajesh Verma Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Supplementary affidavit, filed today, is taken on record.
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.
Hence, the police authority, may give protection to the petitioners in view of the decisions of Apex Court in Gian Devi v. The superintendent, Nari Niketan, Delhi and others, (1976) 3 SSC 234; Lata Singh v. State of U.P. and another, (2006) 5 SSC 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.
With these observations, this petition is disposed of. Order Date :- 8.8.2018 S.K.
2 issues framed by the court
Whether the police authority should grant protection to petitioners alleging interference with their marital life and liberty.
Whether the validity of the petitioners' marriage impacts the disposal of the present petition.
Colour shows how this judgement treated each authority
Gian Devi v. The superintendent, Nari Niketan, Delhi and others, (1976) 3 SSC 234Referred¶9
Gian Devi v. The superintendent, Nari Niketan, Delhi and others, (1976) 3 SSC 234
Lata Singh v. State of U.P. and another, (2006) 5 SSC 475Referred¶9
Lata Singh v. State of U.P. and another, (2006) 5 SSC 475
Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396Referred¶9
Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 · Who else cites this
Payal
Another
State Of U.P.
3 Others
Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
