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2013 Supreme(All) 1068

PANKAJ MITHAL
POOJA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
A.K.S. Bais for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard learned counsel for the petitioners and learned standing counsel appearing for the State of U.P.

This is a stereotype writ petition similar to large number of petitions coming before this Court daily wherein young girls and boys claim protection from their parents and relatives alleging threat by them with the support of police to their life contending that they are adults and have married with their own free will but against the wishes of their elders.

2. The petitioners herein are also claim that they are of marriageable age and have married with their own free will against the wishes of their parents and therefore, their married life should be protected by restraining the respondents from interferening in their married life as husband and wife.

3. The factum of the petitioners being of marriageable age or the validity of marriage cannot be adjudicated on the basis of evaluation of the affidavits alone in exercise of writ jurisdiction particularly in the absence of certificates of registration of their respective dates of birth and marriage which are compulsory in law and the proof of their authenticity. The said factual aspects are require













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