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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Preeti – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioners solemnized voluntary marriage; seek protection from harassment. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. state argues marriage void under pcma section 12(a). (Para 7) |
| 3. pcma section 3 voidable; section 12 void in specific cases. (Para 8 , 9 , 10) |
| 4. precedents confirm minor marriages voidable, not automatically void. (Para 11 , 12 , 13) |
| 5. no enticement; voidable only by minor contracting party. (Para 14 , 15) |
| 6. writ maintainable to protect life and liberty under article 21. (Para 16 , 17) |
| 7. hma section 5(iii) violation does not void marriage. (Para 18 , 19 , 20 , 21) |
| 8. article 21 protection paramount over marriage validity issues. (Para 22 , 23 , 24 , 25) |
| 9. police protection ordered; no adjudication of marriage validity. (Para 26 , 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the petitioners and Sri Yogesh Kumar, learned Standing Counsel for the State-respondents.
2. By means of the present writ petition, the petitioners have prayed for a writ in the nature of mandamus directing the respondents not to interfere in their peaceful marital life.
3. Pursuant to earlier order dated 17.12.2025, learned Standing Counsel has produced
Marriage with groom below 21 years is voidable, not void; couples entitled to police protection under Article 21 against family interference, irrespective of marriage validity.
Marriage where one party below marriageable age is voidable, not void; courts must protect couple's life and liberty under Article 21 irrespective of marital validity.
Marriage with party below marriageable age voidable not void; Article 21 protection for life/liberty of majors paramount over validity disputes, mandating state safeguards against family harassment.
The fundamental right to protection of life and liberty under Article 21 of the Constitution of India must be upheld, regardless of the validity of the marriage.
The right to life and personal liberty extends to individuals in live-in relationships, necessitating state protection against familial threats, irrespective of marriageability or societal norms.
The fundamental right to protection under Article 21 of the Constitution of India must be upheld, regardless of the validity of the marriage under the Hindu Marriage Act.
The fundamental right to protection under Article 21 of the Constitution of India must be upheld, regardless of the validity of the marriage under the Hindu Marriage Act.
The fundamental rights of individuals, as envisaged in the Constitution of India, cannot be deprived solely based on the non-marriageable age of one of the parties involved in a marriage.
The court emphasized the fundamental right to life and liberty under Article 21, asserting protection for adults in a live-in relationship against familial threats, regardless of marriageable age.
The fundamental rights of individuals, as envisaged in the Constitution of India, cannot be denied solely based on the non-marriageable age of a party involved in a marriage.
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