Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Preeti – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioners seek protection from family harassment. (Para 1 , 2 , 3 , 4) |
| 2. majors married voluntarily without consent. (Para 5 , 6) |
| 3. state argues marriage void under pcma. (Para 7) |
| 4. pcma child marriages voidable or void specifically. (Para 8 , 9 , 10) |
| 5. precedents hold minor marriages voidable. (Para 11 , 12 , 13) |
| 6. voidable only at child's option; writ maintainable. (Para 14 , 15) |
| 7. protection for life and liberty under article 21. (Para 16 , 17) |
| 8. hma age violation makes marriage voidable not void. (Para 18 , 19 , 20) |
| 9. article 21 trumps marriage validity concerns. (Para 21 , 22 , 23) |
| 10. state must protect major couples from violence. (Para 24 , 25) |
| 11. existing directives suffice against mere apprehension. (Para 26) |
| 12. police protection ordered without marriage adjudication. (Para 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 dat
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.
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 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 of life and liberty under Article 21 of the Constitution of India must be upheld, regardless of the validity of the marriage.
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 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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
