Court No. - 2 Case :- WRIT - C No. - 1254 of 2010 Petitioner :- Deepak Raj Soni & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- Vivek Kumar Singh,Ajay Kr. Singh Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard counsel for the petitioners and learned Standing Counsel. No notice is issued
to private respondent in view of the order proposed to be passed today, however,
liberty is reserved for private respondent 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 31.10.2009. Petitioners’ case is that their
marriage has also been registered on 26.12.2009 under the provisions of Hindu
Marriages Registration Rules, 1973. Copy of the registration certificate has been
filed as Annexure-2 to the writ petition.
The Apex Court in Seema (Smt.) vs. Ashwani Kumar reported in 2006(2) S.C.C.
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 :- 25.1.2010
Jaideep/-