Court No. - 2 Case :- WRIT - C No. - 71073 of 2009 Petitioner :- Smt. Sudha & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- Naresh 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 solemnised their marriage on 18.5.2009. Petitioners’ case is that
their marriage has also been registered on 2.1.2010 under the provisions of
Hindu Marriages Registration Rules, 1973. Copy of the registration certificate
has been filed as Annexure-1 to the supplementary affidavit.
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 :- 11.1.2010
Rakesh