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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Janki – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. procedural hearing and instructions recorded. (Para 1 , 2) |
| 2. majors voluntarily married; seek protection from harassment. (Para 3 , 4 , 5 , 6) |
| 3. state argues marriage void under pcma section 12(a). (Para 7) |
| 4. child marriages voidable under pcma sec 3; void in specific cases. (Para 8 , 9 , 10) |
| 5. precedents hold minor marriages voidable, grant protection. (Para 11 , 12 , 13) |
| 6. voidable only by minor party; father cannot claim. (Para 14 , 15) |
| 7. protection for life/liberty despite age violation. (Para 16 , 17 , 18) |
| 8. hma age contravention not void per section 11. (Para 19 , 20 , 21) |
| 9. article 21 protection paramount over marriage validity. (Para 22 , 23) |
| 10. sc mandates police protection against family violence. (Para 24 , 25) |
| 11. state claims existing enforcement suffices. (Para 26) |
| 12. interim protection ordered; register marriage; no validity ruling. (Para 27 , 28 , 29 , 30 , 31 , 32) |
JUDGMENT :
VIVEK KUMAR SINGH, J.
1. Instructions produced by learned Standing Counsel are taken on record.
2. Heard Sri Prashant Sharma, learned counsel for the petitioners and Sri Yogesh Kumar, learned Standing Counsel for the State-respondents.
3. By means of the present writ petition, the
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.
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 groom below 21 years is voidable, not void; couples entitled to police protection under Article 21 against family interference, irrespective of marriage validity.
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 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 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 deprived solely based on the non-marriageable age of one of the parties involved in a marriage.
The legal point established is the requirement for a live-in relationship to fulfill conditions akin to marriage and the need for evidence of a permanent relationship to be considered for protection ....
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