Allahabad High Court High Court

Smt. Munni Devi vs State Of U.P. Thru Sec. Food And … on 4 February, 2010

Allahabad High Court
Smt. Munni Devi vs State Of U.P. Thru Sec. Food And … on 4 February, 2010
Court No. - 2

Case :- WRIT - C No. - 4318 of 2010

Petitioner :- Smt. Munni Devi
Respondent :- State Of U.P. Thru Sec. Food And Civil Sec. Lko. And Others
Petitioner Counsel :- Prabhat Kumar Srivastava
Respondent Counsel :- C.S.C.

Hon'ble Ashok Bhushan,J.

Hon’ble Virendra Singh,J.

Heard learned counsel for the petitioner.

By this writ petition, the petitioner has prayed a writ of mandamus directing
the respondent nos. 2 and 3 not to interfere in the peaceful married life of the
petitioner. Petitioner’s case is that petitioner being major have performed their
marriage on 8.1.2010. It is also stated that marriage has been registered under
the Registration Marriage Act on 17.1.2010. In the writ petition only general
allegations have been made for harassment without any details.

It is true that a major boy or girl are free to marry any person of their choice.
However it was laid down by the Apex Court in Seema (Smt.) Vs. Ashwani
Kumar; 2006(2) SCC 578 that all marriages are required to be compulsorily
registered. It is open for the petitioners to make appropriate application for
registration of their marriage in accordance with Uttar Pradesh Hindu
Marriage Registration Rules 1973 and in event any person causes any undue
harassment or commits any offence against the petitioners, the petitioners are
free to take recourse according to the provisions of criminal procedure code.

Subject to the above observations, writ petition is dismissed.

Order Date :- 4.2.2010
Sh