Disposed

Priya Alias Parveen and Another v. State of U.P and 03 Others

Allahabad HC16 Apr 2018WRIC/6914/2018

Case brief

AI extract

What is this about?

Petitioners, claiming to be adults with whom the respondents had threatened them, sought registration of their marriage. The Single Judge relied on a Division Bench precedent to direct police protection and issue a one-month timeline for registration.

What did the court decide?

The writ petition is finally disposed of with liberty to approach the Senior Superintendent of Police for protection and a direction to register the marriage within one month.

Priya Alias Parveen and Another Vs State… — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 27

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Case :- WRIT - C No. - 6914 of 2018

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Petitioner :- Priya Alias Parveen And Another Respondent :- State Of U.P And 03 Others Counsel for Petitioner :- Pramod Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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Learned counsel for the petitioner has filed compliance affidavit in pursuant to the order of this Court dated 22.2.2018, which is taken on record.

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Heard Shri Pramod Kumar, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

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The petitioners claim to have attained the age of majority. They claim to have got married. Learned counsel for the petitioners also submits that the petitioners are interested in getting their marriage registered before the Marriage Registration Officer, District- Kannauj/Kanpur Dehat. However, in view of the threats extended by respondent No. 4 and his adherents, they are not able to get the registration done and they fear for their lives. They sought protection from police authorities, which was denied. Hence, the writ petition.

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Similar petitions has engaged the attention of the Division Bench of this Court. The judgement rendered by the Division Bench of this Court on 8.2.2017 in Writ-C No.7305 of 2013 ( Smt. Raj Kumari and another Vs. State of U.P. and others ), will guide the decision in this case. For ease of reference, the order of Division Bench of this Court is indicated hereunder:

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"Heard learned counsel for the writ petitioners and learned counsel for the State.

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Petitioners claim to be of marriageable age on the relevant date and that they have married each other of their own freewill. Both the petitioners claim to be illiterate and hence they have not annexed any documentary proof of age. In case of necessity, the concerned police officer or the Magistrate shall get the age of petitioners verified in accordance with law.

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This case is not different from large number of similar cases coming to this Court wherein young girl and boy claim to be adults and raise a grievance that they have married or are living with each other of their own freewill and for that, they are being threatened and harassed by parents of one or other party generally in connivance with or with support of local police.

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In cases where criminal case is lodged by parents of girl alleging that she is a minor or she has been kidnapped for immoral purposes, Police has a

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duty to investigate the case seriously, so that no crime is committed against a young girl, but in other situation, where the girl is adult and has chosen to live as wife with another adult of her own freewill, the Police is required to give due protection and ensure that no harm is caused to such young couple only because the parents do not approve the decision of their children to marry as per their choice although the children have become adults.

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Disposal of writ petition in such cases may not be construed as grant of certificate by this Court that the alleged marriage is valid and in accordance with law, but nonetheless where girl and boy are adults and they are living together of their own freewill, the Police must give due protection after making enquiry in respect of claim of their age. Once the girl and boy are found to be adults, it is the duty of the Police as well as the Civil Society to ensure that they are not put to fear of their lives or liberty.

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In the present case, both the petitioners have claimed to be adults and married to each other of their own freewill. The writ petition is, therefore, disposed of with liberty to petitioners to approach the concerned Superintendent of Police or Senior Superintendent of Police with a certified copy of this order, so that petitioners are not threatened or tortured by any person, even if they happen to be the parents of petitioners, against law. "

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The petitioners are willing to get their marriage registered before Marriage Registration Officer, District Kannauj/Kanpur Dehat and undertake to get it registered within a period of one month.

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In case, the respondent No. 4 or his adherents are threatening the petitioners or preventing them from getting their marriage registered, it is open to the petitioners to make an application to the Senior Superintendent of Police, District- Kannauj. The Senior Superintendent of Police, Kannauj is directed to consider the same expeditiously and also take action in terms of the judgment of this Court rendered in the case of Smt. Raj Kumari (supra).

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With the aforesaid observations/directions, the writ petition is finally disposed of.

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Order Date :- 16.4.2018 Ravi Prakash

Priya Alias Parveen and Another v. State of U.P and 03 Others

Case brief

What is this about?

What did the court decide?

Priya Alias Parveen and Another v. State of U.P and 03 Others

Case brief

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What did the court decide?

What the court decided

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