Petitioners sought protection from family interference after marriage. Court granted two months to register marriage, barred police coercive action, clarified that marriage validity and pending investigations remain unsettled.
Time granted for marriage registration; no coercive police action allowed during interim period.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 93
Case :- WRIT - C No. - 31731 of 2022
Petitioner :- Reshma Saroj And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Harish Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Surendra Singh-I,J.
Learned counsel for the petitioners has stated at bar that due to inadvertence, in para nos.7,12,15,16 and clause (D) (G) and (H) of para 21, the word 'respondent no. 5' has been typed whereas it should be respondent no. 4 as there is no party as respondent no. 5 in the petition. He submits that he may be permitted to make correction in the petition. He is permitted to do so during the course of the day.
Heard Sri Harish Pratap Singh, learned counsel for the petitioners and learned Standing Counsel appearing on behalf of the State.
The petitioners have preferred this writ petition for a direction upon the respondents not to interfere in their married life and also for protection of their lives and liberty.
The petitioners claim that they have married each other on 19.09.2022 according to Hindu Rites and Custom at Padila Mahadev Mandir, Padila Soraon, Prayagraj. It is sought to be contended that the petitioners have threat perception from their family members.
In support of their age, the petitioner no. 1 has brought on record her High School Certificate-cum-Marks Sheet and petitioner no. 2 has brought on record his High School Certificate-cum-Marks Sheet, wherein the date of birth of the petitioner no. 1 is shown as 15.03.1998 and that of petitioner no. 2 as 01.05.1989. Thus, it is contended that both the petitioners are major. They are stated to have performed their marriage. It is submitted that they have applied for registration of marriage but their marriage has not been registered. It is further stated that till date no FIR has been lodged relating to their marriage. It is stated that the father of the first petitioner and her family members are averse to the parties' marriage and are threatening the petitioners. A direction is sought to the authorities to ensure that no interference is caused by the 4th respondent or other family members of the first petitioner to the parties' peaceful married life.
Looking to the nature of the order that this Court proposes to pass, issue of notice to the private respondent is dispensed with. However, in case the said respondent feels aggrieved by the order passed today, it shall be open to him to make an application in this decided petition.
Considering the facts and circumstances of the case, the petitioners are granted two month's time from the date of receipt of a certified copy of this Court to get their marriage registered in accordance with law. During this period of two months, no coercive action shall be taken against the petitioners by the police authorities.
It is made clear that in the event the marriage certificate is not obtained by the petitioners within the aforesaid period, the interim protection granted shall stand automatically vacated and the respondents shall be at liberty to proceed in accordance with law.
It is made clear that the Court has not adjudicated upon the question of the validity of the alleged marriage of the petitioners. It is also made clear that this order would not come in the way of investigation, if any, pending before the police authorities and the law will take its own course.
In view of the aforesaid, this writ petition is disposed of.
Order Date :- 1.11.2022 Pratima
Digitally signed by PRATIMA AGRAHARI Date: 2022.11.01 17:14:29 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether grant of interim protection to petitioners for marriage registration precludes police investigation.
Whether petitioners can seek protection against interference in their married life from family members.
Reshma Saroj
Another
State Of U P
3 Others
Surendra Singh-I,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
