Disposed

Smt. Noorjahan Warsi Alias Noori and Another v. State of U P and 4 Others

Allahabad HC6 Aug 2018WRIC/26490/2018

Case brief

AI extract

What is this about?

Petitioners sought writ protection citing threats to their marital life and liberty after entering a Nikah. The court directed the police to grant protection if the petitioners file a marriage registration application with the Marriage Registration Officer by 9.8.2018 under the U.P. Registration of Marriage Act.

What did the court decide?

Police protected to grant protection if marriage registration application filed by 9.8.2018.

Smt. Noorjahan Warsi Alias Noori and Another Vs… — Matrimonial and Divorce | Allahabad HC (2018)

¶1

Court No. - 2 Case :- WRIT - C No. - 26490 of 2018 Petitioner :- Smt. Noorjahan Warsi Alias Noori And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Manoj Srivastava,Dheeraj Kumar Pandey Counsel for Respondent :- C.S.C.

¶2

Hon'ble Dr. Kaushal Jayendra Thaker,J.

¶3

Heard learned counsel for the petitioners and learned Standing Counsel for the State.

¶4

This petition at the behest of the petitioners has been preferred for seeking protection as they have threat to their marital life and liberty.

¶5

According to them they have entered into Nikah on 8th July, 2018. They have not yet applied for the registration of their marriage either online or personally. The petitioners have sent an application by registered post to the Senior Superintendent of Police, Kanpur Nagar on 11.7.2018.

¶6

Counsel for the petitioners seeks time to apply for the registration of marriage of the petitioners.

¶7

Petitioner No.1 admittedly is a minor but as far as Muslims are concerned, there is no age restrictions for them to have entered into the nikah however the same shall be looked into by the Marriage Registration Officer while entertaining the application for registration of marriage of the petitioners.

¶8

If they apply to the Marriage Registration Officer to get their marriage/nikah registered on or before 9.8.2018 as per U.P. Registration of Marriage Act without taking any technical stand that the Muslim does not require his/her marriage to be registered and on such application being filed, the police authority, on seeing such application made online or personally, shall grant 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 .

¶9

With these observations, this petition is disposed off.

¶10

If no such online application is filed, the police may refuse to grant them protection.

¶11

Order Date :- 6.8.2018/DKS

Smt. Noorjahan Warsi Alias Noori and Another v. State of U P and 4 Others

Case brief

What is this about?

What did the court decide?

Smt. Noorjahan Warsi Alias Noori and Another v. State of U P and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

U.P. State Sugar Corpn. Ltd. Vs Presiding Officer Labour Court and Another

Prayrana Singh and Another Vs State of U P and 4 Others

Smt. Rubi Devi and Another Vs State of U P and 3 Others

U.P. Power Corporation Ltd. Vs Presiding Officer Labour Court and Others

Satish and Another Vs State of U.P. and 5 Others

Smt. Kajal and Another Vs State of U.P. and 3 Others