Smt. Laxmi Devi and Another v. State of U.P. and 3 Others
Case brief
What is this about?
Petitioners filed a writ seeking protection from life threats for marrying against parental wishes. The court accepted written verification of documents, including marriage legitimacy, police complaints, and parental approval, and listed the matter for fresh hearing on 28.02.2025.
What the court decided
Court No. - 76 Case :- WRIT - C No. - 623 of 2025 Petitioner :- Smt. Laxmi Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivajee Srivastava,Shrikant Singh Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Vinod Diwakar,J.
- The instant writ petition has been filed by the petitioners seeking protection from this Court apprehending threat to their life as they have performed their marriage against the wishes of their parents. The petitioners claimed to have attained the age of majority at the time of solemnization of marriage and they married in accordance with the provisions of Hindu Marriage Act, 1955.
2. Matter requires consideration.
- Learned Standing Counsel, seeks and is granted two weeks to verify the authenticity and accuracy of the documents annexed to the writ petition containing (i) a para-wise response to the contentions made in the writ petition, (ii) verification of the Aadhar Card, PAN Card and Marksheet, (iii) confirmation as to whether the marriage was solemnized in accordance with the provisions of Section 5 of the Hindu Marriage Act, 1955, and both the petitioners were of legal age at the time of marriage, (iv) verification of whether the police of concerned police station/S.S.P has received any application from the petitioners alleging threat to their life and property, and if so, the date of such application, (v) verification of the marriage certificate from the Purohit who performed the marriage as well as from the certificate issuing authority, such as the President/Secretary of the society.
Issues for consideration
3 issues framed by the court
Whether the petitioners are entitled to protection against life threats for solemnizing a marriage against parental wishes under the age of majority.
Whether the marriage was solemnized in accordance with Section 5 of the Hindu Marriage Act, 1955 and by persons of legal age.
Whether any police application alleging threat to life and property has been received by the concerned authorities.
Parties & counsel
- petitioner
Smt. Laxmi Devi And Another
- respondent
State Of U.P. And 3 Others
Coram
Vinod Diwakar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- WRIC/623/2025
Similar cases
Judgements on the same questions, provisions and authorities, from every court