The Supreme Court quashed the lower court judgment.
The petitioners were directed to register their marriage on or before 17th August 2018 and were entitled to police protection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 2 Case :- WRIT - C No. - 25733 of 2018 Petitioner :- Sajiya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Firoz Haider 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 sweet and free will. It is also stated that private respondents are interfering with marital life and liberty of the petitioners. It is further stated by learned counsel for the petitioners that petitioner No.1 personally went to the Senior Superintendent of Police, Saharanpur and gave an application dated 24.7.2018.
Yesterday the petitioners have applied online registration for getting their marriage registered. Petitioners shall produce the said certificate by way of application with the Registry of this High Court. The said exercise shall be completed on or before 17th August, 2018.
Police authority, if feels that the petitioners' stand is correct and they have real threat to their life, may give protection to them 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.
With these observations, this petition is partly allowed.
Order Date :- 10.8.2018 Mukesh
2 issues framed by the court
Whether the petitioners ought to be protected from interference by private respondents regarding their marriage.
Whether the petitioners should be directed to register their marriage within a specified timeframe.
Colour shows how this judgement treated each authority
Gian Devi v. The Superintendent, Nari Niketan, Delhi and othersReferred¶6
Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234 · Who else cites this
Lata Singh v. State of U.P. and anotherReferred¶6
Lata Singh v. State of U.P. and another, (2006) 5 SCC 475 · Who else cites this
Bhagwan Dass v. State (NCT of Delhi)Referred¶6
Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 · Who else cites this
Sajiya And 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
