Simran @ Mahzabin and Another v. State of U.P. and 5 Others
Case brief
What is this about?
Single judge court refers to Division Bench judgment in Writ-C No. 7305 of 2013, directing police protection for adult petitioners facing threats from parents regarding their consensual marriage to facilitate registration.
What the court decided
Court No. - 36
Case :- WRIT - C No. - 19739 of 2019
Petitioner :- Simran @ Mahzabin And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mukesh Joshi Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Mukesh Joshi learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The petitioners claim to have attained the age of majority. They claim to have got married. Learned counsel for the petitioners submits that the petitioners are interested in getting their marriage registered before the Marriage Registration Officer, District-Ballia. However, in view of the threats extended by respondent Nos.4 to 6 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.
A similar petition had engaged the attention of a Division Bench of this Court in the case of Smt. Raj Kumari and another Vs. State of U.P. and others registered as Writ-C No.7305 of 2013. The judgement rendered by the Division Bench of this Court in the case of Smt. Raj Kumari (supra) on 8.2.2017 will guide the decision in this case. For ease of reference, the order of Division Bench of this Court is extracted hereunder:
" Heard learned counsel for the writ petitioners and learned counsel for the State.
Issues for consideration
2 issues framed by the court
Whether petitioners, claiming to be adults who married of their own free will, are entitled to protection from threats and torture by parents or others to ensure registration of their marriage.
Whether the police is duty-bound to provide protection to adult couples choosing to live together against parental disapproval.
Parties & counsel
- petitioner
Simran @ Mahzabin
- petitioner
Another
- respondent
State Of U.P.
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- WRIC/19739/2019
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