Court No. - 2 Case :- WRIT - C No. - 1923 of 2010 Petitioner :- Smt. Priyanka Chunyana & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- Irfan Chaudhary Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Bala Krishna Narayana,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
By this writ petition, petitioners have prayed for a mandamus commanding
the respondents not to interfere in peaceful life of the petitioners.
Petitioners’ case in the writ petition is that petitioners are major and they
have performed their marriage on 2.1.2010.
Learned Standing Counsel points out that in the writ petition there are no
allegation of any kind on the basis of which writ petition can be entertained.
He submits that writ petition has been filed on mere apprehensions. Reliance
has been placed upon a judgement in the case of Lata Singh Vs. State of U.P.
reported in AIR 2006 SC 2522 by the counsel for the petitioners.
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 :- 29.1.2010
SB
