Sarvesh @ Mohd. Arvesh and Anr. v. State of U.P. and 6 Ors.
Case brief
What is this about?
The High Court disposed of a writ petition seeking protection for two adults living together against parental threats. The court directed the police to ensure their safety based on their representation of age, noting the order does not certify the marriage's validity.
What did the court decide?
Writ petition disposed with liberty to police to protect petitioners from threats based on their representation of age, subject to no FIR on kidnapping being pending.
What the court decided
Court No. - 9
Case :- WRIT - C No. - 9953 of 2020 Petitioner :- Sarvesh @ Mohd. Arvesh And Anr. Respondent :- State Of U.P. And 6 Ors. Counsel for Petitioner :- Shailesh Singh Yadav,Surya Lal 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.
Issues for consideration
2 issues framed by the court
Whether police must protect adult couples from parental harassment and threats regarding their marriage.
Whether a writ petition affirming the adults' status grants a certificate of marriage validity.
Parties & counsel
- petitioner
Sarvesh @ Mohd. Arvesh And Anr.
- respondent
State Of U.P. And 6 Ors.
Coram
Anjani Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- WRIC/9953/2020
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