Partly allowed

Shabnam Khatoon and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Allahabad HC24 Oct 2024CRLP/7778/2024

Case brief

AI extract

What is this about?

In this criminal misc. writ petition, the court directed the marriage registration authority to determine the petitioners application under the Special Marriage Act within a week. It directed the police to refrain from harassment pending further orders and listed the matter for final disposal.

What did the court decide?

Marriage registration authority to decide within one week. Police refrained from action pending next listing.

Shabnam Khatoon and Another vs State of… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7778 of 2024

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Petitioner :- Shabnam Khatoon And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Shailendra Singh Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Supplementary affidavit filed by learned counsel for petitioners today in the Court is taken on record.

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Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record.

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By means of this writ petition, petitioners have prayed for issuance of mandamus commanding the opposite parties not to take any action against the petitioners and provide them protection.

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The contention of the learned counsel for the petitioners is that both the petitioners no.1 and 2 are major and they are living together of their own volition. He has invited our attention to the High School Marksheet of the petitioner no.1 which is annexed as Annexure No.1 to the writ petition in which her date of birth is shown as 05.01.2000 and as per High School Marksheet (Annexure No.1), date of petitioner no.2 is 22.10.2003. As the petitioners are living together against the wishes of the family members, therefore, it is alleged that the Police is harassing them at their instance.

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Learned counsel for petitioners states that though they have prepared an application under Special Marriage Act, 1954 but due to non-availability of the concerned authority, the same could not be processed and decided.

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In view thereof, petitioners shall appear again before the marriage registration authority under the Special Marriage Act alongwith their documents and inter-religion certificate for registration of their marriage under the Special Marriage Act. The marriage registration authority shall decide the application of petitioners under the Special Marriage Act within a period of one week from today.

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List this case on 08.11.2024.

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Till the next date of listing, Police shall not unnecessarily harass the petitioners.

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[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]

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Order Date :- 24.10.2024 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Shabnam Khatoon and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

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Shabnam Khatoon and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

What did the court decide?

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