This writ petition seeking interim non-arrest was dismissed by the Hon'ble High Court because the petitioners failed to produce evidence proving they were majors at the time of their marriage, rendering the petition without merits.
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Court No. - 34
Case :- WRIT - C No. - 28714 of 2021
Petitioner :- Smt. Soniya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mashaluddin Shah Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioners and the learned Standing Counsel for the State.
This is a writ petition filed under Article 226 of the Constitution of India with a prayer commanding the respondent nos.1 to 3 not to harass and arrest the petitioners as well as their family members until and unless they are wanted in some other criminal case.
As per the facts of this case, both the petitioners are said to be major and they are said to have solemnized their marriage with Muslim rites and rituals without any pressure on 05.07.2021. Both are said to live amicably with each other but the family members of the petitioners in collusion with the police of Police Station Ramgarh, District Firozabad are said to harass the petitioners.
It is argued on behalf of the petitioners that as per the Indian Majority Act, 1975, the petitioner no.1 is of 28 years of age and the petitioner no.2 is of 21 years old but no certificate of age proof has been produced before the Court. Only Aadhar Card and Nikahnama have been produced according to which, the Nikah has been said to solemnized on 05.07.2021 and as per Aadhar Card, the date of birth of the petitioner no.2 is 19.08.2000. According to this date, on the date of marriage i.e. 05.07.2021, he cannot be said to be a major and regarding to age of the petitioner no.1, girl, no age proof has been filed by
her. Aadhar Card cannot be said to be the age proof and the age of the petitioner no.2 was also below 21 years at the time of Nikah as per his Aadhar Card which is already admitted by learned counsel for the petitioners.
So, in the absence of document of the petitioners being major on the date of marriage, I do not find any ground to grant any relief to the petitioners. The petition of the petitioners is misconceived.
The petition being devoid of merits, is liable to be dismissed and the same is dismissed .
Order Date :- 2.2.2022 Vivek Kr.
2 issues framed by the court
Whether a writ petition seeking protection from harassment and arrest prior to arrest should be allowed when the petitioners fail to prove their age as major at the time of marriage.
Whether Aadhar Card constitutes sufficient proof of age for establishing majority under the Indian Majority Act, 1975.
2 provisions across 2 enactments
Smt. Soniya And Another
State Of U.P.
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
