Chief Justice's Court Case :- WRIT - C No. - 40307 of 2010 Petitioner :- Smt. Sonwati @ Sona And Another Respondent :- State Of U.P. & Ors. Petitioner Counsel :- S.K. Sharma Respondent Counsel :- C.S.C. Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
Heard counsel for the petitioners and learned Standing Counsel.
No notice is issued to the private respondents in view of the order
proposed to be passed today, however, liberty is reserved for private
respondents to apply for variation or modification of this order if he feels
so aggrieved.
Petitioners’ case in the writ petition is that both the petitioners being
major they have solemnized their marriage on 20.3.2009. Petitioners’
case is that their marriage has also been registered on 6.7.2010 under
the provisions of Hindu Marriages Registration Rules, 1973. Copy of the
registration certificate has been filed as Annexure-3 to the writ petition.
The Apex Court in Seema (Smt.) Vs. Ashwani Kumar reported in 2006
(2) SCC 578 has laid down that all marriages are required to be
compulsorily registered. The registration of marriages gives a
presumption unless it is rebutted by an order of the competent Court or
the marriage certificate is cancelled. Petitioners’ case further is that no
first information report has been lodged against them.
In view of the facts of the present case, we are of the view that in the
event no first information report has been lodged against the petitioners,
no coercive action shall be taken against them by the police authorities.
It is made clear that in the event any first information report is lodged, it
will be open for the police authorities to proceed in accordance with law.
The writ petition is disposed of with the above observations.
Order Date :- 14.7.2010
Sahu