Court No. - 3 Case :- WRIT - C No. - 35270 of 2010 Petitioner :- Smt. Taiba & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Mazhar Ullah Respondent Counsel :- C.S.C. Hon'ble Amitava Lala,J.
Hon’ble Sanjay Misra,J.
In spite of notice that the matters in the supplementary list of fresh
cases will not be revised, this writ petition was called out repeatedly but
no one appeared on behalf of the petitioners. However, we have gone
through the record.
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
SKT/-