Court No. - 2 Case :- WRIT - C No. - 39194 of 2010 Petitioner :- Sikandar And Another Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Ganesh Kumar 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 11.02.2010. Petitioners’ case is
that their marriage has also been registered on 02.07.2010 under the
provisions of Hindu Marriages Registration Rules, 1973. Copy of the
registration certificate has been filed as Annexure- 1 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 :- 9.7.2010
Jaideep/-