By the Court.—Heard Sri Girish Kumar Yadav, learned counsel for the petitioners and Sri Ram Krishna, learned Standing Counsel for respondent Nos. 1, 2 and 3.

2. Notices were issued to respondent No. 4 by order dated 18th April, 2011 but no response has been received.

3. By this writ petition, the petitioners have prayed for a writ of mandamus directing the respondents not to interfere in the peaceful living of the petitioners.

4. Petitioners’ case in the writ petition is that both the petitioners being major have performed their marriage on 3rd April, 2011 which marriage has also been registered by the Registrar, Hindu Marriages, Allahabad on 4th April, 2011. Copy of the certificate of marriage registration has been filed as Annexure-2 to the writ petition.

5. The Apex Court in the case of Seema (Smt.) v. Ashwani Kumar, 2008(1) SCC 180 has issued directions to the State and the Union territories to comply with earlier directions of the Apex Court issued by order dated 14th February, 2006 in the case of Seema (Smt.) v. Ashwani Kumar, 2006(2) SCC 578 for making Rules for compulsory registration of marriages.

6. Under the Hindu Marriage Act, 1955, the State of U.P. has framed a rule, namely, Uttar Pradesh Hindu Marriages (Registration) Rules, 1973 (hereinafter referred to as the 1973 Rules) under which the marriages are registered by the respective Registrars who has been conferred jurisdiction of registration of marriages.

7. This Court while considering similar cases regarding registration of marriages has come across several registration certificates of marriage which indicate that registration of marriages are being done in a mechanical manner without taking into consideration the statutory requirements and without application of mind. In this writ petition, consequently we had passed an order on 13th April, 2011 allowing time to the learned Standing Counsel to verify as to who is the officer who has issued certificate (Annexure-2 to the writ petition) in the capacity of the Registrar of Hindu Marriage. By further order dated 18th April, 2011, this Court directed as under :

“Issue notice to respondent No. 4 (wrongly mentioned as respondent No. 5 in the array of parties).

Learned counsel for the petitioners contends that both the petitioners being major they have performed their marriage on 03/4/2011 and their marriage has been registered by the Registrar of Hindu Marriage on 04/4/2011. The submission of the learned counsel for the petitioners is that although no F.I.R. has been lodged against the petitioners, but they are being harassed by the police personnel.

Learned Standing Counsel was allowed time to obtain instruction as to what is the procedure which is being followed by the Registrar Hindu Marriage, Allahabad for registering the marriage and under which authority the officer has registered the marriage may also be brought on record.

Learned Standing Counsel seeks one weeks time to file affidavit of Registrar Hindu Marriages, Allahabad giving relevant details of the authority, manner and procedure for registering the marriage.

As prayed put up on 27/4/2011, as fresh.

In the meantime, in case there is no F.I.R. lodged against the petitioners, no coercive action shall be taken against them.”

8. An affidavit of Mr. Jaishankar Mishra, Officiating Registrar, Hindu Marriages has been filed in compliance to the aforesaid order. In the affidavit an order dated 16th September, 2010 passed by the Assistant Inspector General (Registration), Allahabad has been brought on the record by which it was directed that since due to transfer of Sub-Registrar the post is vacant, till the posting is made Mr. Jaishankar Mishra, Registration Clerk shall work as Incharge Sub-Registrar, Sadar-I, Allahabad in addition to his duties. The officiating Registrar, who has been authorised to perform the duties of Sub-Registrar, has been continuing as such for the last more than 9 months and no regular posting of the Sub-Registrar has been brought to our not