Disposed

Urfi and Another v. State of U.P. and 3 Others

Allahabad HC1 Nov 2022WRIC/32638/2022

Case brief

AI extract

What is this about?

This high court petition was filed by petitioners seeking protection for their Muslim marriage. The court granted two months to register the marriage and stayed coercive police action, while clarifying it did not adjudicate the marriage's validity. The petition was disposed of.

What did the court decide?

Protection granted for two months to register marriage; no coercive action against petitioners; order does not bar police investigation or adjudicate marriage validity.

Urfi and Another Vs State of U.P. and 3 Others — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 93

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Case :- WRIT - C No. - 32638 of 2022

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Petitioner :- Urfi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hariom Upadhyay,Santosh Kumar Chaubey

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Counsel for Respondent :- C.S.C.

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Hon'ble Surendra Singh-I,J.

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Heard learned counsel for the petitioners and learned Standing Counsel appearing on behalf of the State.

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Learned counsel for the petitioners submits that petitioner no.1 and petitioner no. 2 are major as per their date of birth in their highschool mark-sheet/certificate being 02.03.2000 and 12.07.1999, respectively. It is averred that petitioner nos. 1 and 2, on their freewill, have solemnized their marriage according to Muslim rites on 03.05.2022 at Qazi Imran Noor Masjid Zaidi Farm, Meerut. It is submitted that the petitioners have applied online for registration of their marriage on 18.10.2022. It is further stated that till date no FIR has been lodged relating to their marriage. It is submitted that both the petitioners are living happily together as man and wife. It is further stated that respondent no. 4, father of the first petitioner, is averse to the parties' marriage and is giving threat to the petitioners with dire consequences.

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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.

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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 order, 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.

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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.

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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.

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In view of the aforesaid, this writ petition is disposed of.

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Order Date :- 1.11.2022 A. Pandey

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Digitally signed by ANAND PANDEY Date: 2022.11.01 16:29:20 IST Reason: Location: High Court of Judicature at Allahabad

Urfi and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Urfi and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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