Court No. - 3 Case :- WRIT - C No. - 38000 of 2010 Petitioner :- Smt. Qayoom Jahan And Others Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Zafar Abbas Respondent Counsel :- C.S.C. Hon'ble Amitava Lala,J.
Hon’ble Sanjay Misra,J.
Marriage is definitely wishes of a boy and girl to continue with their conjugal
relationship provided they have attained the age of marriage, as required by
law. We have been fortified with several writ petitions in which more or less
identical reliefs are claimed for protection of their marital relationship, which
is allegedly being interfered with and harassed by their parents or relatives,
who are private respondents. The writ jurisdiction is not made to resolve such
type of dispute between the two private parties. We otherwise strongly believe
family law is no law. It is a social problem, which can only be uprooted
socially and not by the intervention of the writ Court in the garb of violation
of Article 21 of the Constitution of India unless it is established beyond doubt.
If there is any real grievance of married couple against their parents or
relatives who are allegedly interfering with their conjugal rights which goes to
such extent that there is threat of life, they are at liberty to lodge any criminal
complaint or file F.I.R. whichever is required under the law to the police and
in case of refusal, may make appropriate application before the appropriate
court of criminal law by way of applications under Sections 155 or 156 of the
Criminal Procedure Code. Similarly, in case the parents or relatives, find that
illegally their son or daughter was eloped for the purpose of marriage
although he or she is underage or not inclined or they are behaving violently,
they are equally at liberty to take steps in a similar manner.
But, when neither of the actions are taken amongst each other, a fictitious
application with certain vague allegations, particularly by the newly married
couple, under writ jurisdiction of the High Court, appears to be circuitous way
to get the seal and signature of the High Court upon their respective marriages
without any identification of their age and other necessary aspects required to
be done by the appropriate authority/authorities. It is well settled by now that
every marriage is required to be registered by the appropriate registering
authority upon due verification of the ages etc. of respective parties. We
cannot also allow to develop the disputed questions of fact under the writ
jurisdiction nor we can draw any inference by the colourful presence of the
newly wedded couple in the Court as per the respective advices. If we do so, it
will be wrong presumption by using excessive power of the Court in this
jurisdiction.
However, where no F.I.R. has been lodged or necessary police actions are
taken by either of the parties, it is expected that no coercive action could be
taken against each other.
In case the party/parties approaches/ approach the appropriate court of law or
the authority concerned, raising his/her/their grievances, the same will be
considered strictly in accordance with law.
Accordingly, the writ petition is treated to be disposed of, however, without
any order as to costs.
Order Date :- 3.7.2010
Kpy