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2013 Supreme(All) 1923

PANKAJ MITHAL
Satyam Kumar and Another – Appellant
Versus
State of U. P. and Others – Respondent


Advocates:
Counsel for the Petitioners: Haribans Singh , Chandrika Prasad.
Counsel for the Respondents: C.S.C., Devesh Vikram.

Pankaj Mithal, J.:—

1. Heard Sri Chandrika Prasad, learned counsel for the petitioners and Sri Devesh Vikram, learned counsel for the respondent No.4. Learned Standing Counsel has appeared for respondents No. 1,2 and 3. Sri Daya Shankar Pandey, Nagar Magistrate/Marriage Officer, Nagar Khestra, Mirzapur is also present.

2. Petitioners Satyam Kumar and Meera Singh Yadav have jointly filed this petition seeking protection to their married life on the allegation that they have married of their own freewill before the Marriage Officer on 10.1.2012. The affidavit in support of the petition is sworn by petitioner No.2 Meera Singh Yadav.

3. Sri Devesh Vikram on behalf of respondent No.4 has filed counter affidavit which is sworn by none other than petitioner No.2 Meera Singh Yadav.

4. The two affidavits on record are in conflict with one another. In one affidavit petitioner No.2 states that she has married with petitioner No.1 and in the other she denies the marriage.

5. It appears that petitioner No.2 submitted the first affidavit on the dictates of petitioner No.1 with whom she is said to have married. Her other affidavit which is in the form of counter affidavit appears have been given by he













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