IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Janki – Appellant
Versus
State Of U.P. – Respondent
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 petitioners have prayed for a writ in the nature of mandamus directing the respondents not to interfere in their peaceful marital life and also for a direction to provide protection.
4. This writ petition has been filed by the petitioners, who claim to have attained the age of majority and to have solemnized their marriage of their own free will. The allegation of the petitioners is that they are being harassed by the respondent no.4, who happens to be father of the petitioner no.1. Therefore, they seek protection from this Court to secure their life and liberty.
5. The learned counsel for the petitioners submits that petitioner no. 1 is aged about 20 years, as her date of birth, recorded in the Aadhaar Card is 01.01.2006, a copy of which has been appended as Annexure No. 1 to the writ petition. It is further submitted that petitioner no. 2 is also a major boy, aged about 19 years, and as his Aadhaar
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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