Court issued protection to adult petitioners claiming voluntary marriage, directing police to prevent harassment by parents. Not validation of marriage. Effective only if no kidnapping FIR exists.
Liberty to approach Superintendent of Police with certified copy of order to ensure no threats or torture, conditioned on no prior kidnapping FIR.
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Court No. - 9
Case :- WRIT - C No. - 12486 of 2020 Petitioner :- Hema Kushwaha And Another Respondent :- State of U.P. Counsel for Petitioner :- Vinod Kumar Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the writ petitioners and learned counsel for the State-respondents.
Petitioners have annexed documents relating to their age in support of their plea that both are adults and that they have married each other of their own freewill.
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.
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 duty to investigate the case seriously, so that no crime is committed against a minor 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.
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.
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.
It is made clear that this order is being passed upon the representation made by the petitioners that no First Information Report has been lodged in respect to kidnapping or abduction of the girl including other offences arising out of such kidnapping or abduction. If, any such First Information Report has already been lodged against the petitioner(s), this order will become inoperative.
Order Date :- 8.10.2020 RKM
Digitally signed by Justice Anjani Kumar Mishra Date: 2020.10.08 12:43:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether police must protect adult couples living by free will from parental harassment despite lack of marriage certificate validation.
Hema Kushwaha
Another
State of U.P.
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
