Court No. - 2 Case :- WRIT - C No. - 444 of 2010 Petitioner :- Smt. Rubi And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Anil Kumar Singh Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,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 19.12.2009.
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 SCC
2522 by the counsel for the petitioners.
In the writ petition there are no allegation of any kind on the basis of which any
relief can be granted to the petitioner. The petition has been filed merely on
apprehension. In Lata Singh’s case (supra), the first information report was lodged,
both boy and girl were beaten by brothers of the girl and statement was also
recorded of the girl before the Magistrate. In such circumstances, the Apex Court
had quashed the prosecution.
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 :- 21.1.2010
Jaideep/-