Court directed Superintendent of Police to assess threats to petitioners' lives and property post-marriage and ensure protection. Court clarified it did not adjudicate marriage validity but must verify preliminary documents. Police warned against misuse.
Police directed to assess threats and take legal measures for protection of petitioners.
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Neutral Citation No. - 2024:AHC:121948
Court No. - 80
Case :- WRIT - C No. - 920 of 2024
Petitioner :- Smt. Priti And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Upendra Kumar Pushkar Counsel for Respondent :- C.S.C.
Hon'ble Vinod Diwakar,J.
except according to the procedure established by law.
"5. Conditions for a Hindu marriage.-
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-
(i) neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage, neither party-
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity [***];
(iii) the bridegroom has completed the age of [twenty-one years] and the bride the age of [eighteen years] at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two; (vi) [***]."
liberty to take appropriate legal action against the petitioners in accordance with the law.
" 1. Smt. Priti, w/o Pawan Kumar, d/o Vinod Kumar
2. Pawan Kumar, s/o Rajesh Kumar, both r/o Village Baragaon, P.S. Jasarana, District- Firozabad"
Order Date :- 30.7.2024
Ujjawal
(Vinod Diwakar, J.)
Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether police must ensure protection for petitioners facing life threats after marriage.
2 provisions across 2 enactments
Smt. Priti
Pawan Kumar
State of Up
3 Others
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
