Court No. - 44

Case :- WRIT - C No. - 12675 of 2022

Petitioner :- Soni Yadav And Another

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Virendra Kumar Yadav

Counsel for Respondent :- C.S.C.

Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. Heard learned counsel for the petitioners and learned Standing Counsel for

the State.

2. It is stated that both petitioners belong to the same religion; that they are

major; that they have solemnized their marriage out of their own free will and

that they have applied online for registration of their marriage.

3. It is alleged that the private respondents are interfering with marital life and

liberty of the petitioners and in case this Court does not grant them protection,

their lives may be endangered. It is also submitted that they have moved an

application to the police authority.

4. On the other hand, learned Standing Counsel states that some rider may be

applied.

5. Whether the petitioners have attain the age of majority is not known, however,

with this petition and this order if the petitioners moved to the concerned police

authority with cogent evidence about the proof of the their marriage or staying

together and real harrasment, the police authority concerned shall give

protection to them in view of the decisions of Apex Court in Gian Devi v. The

Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234; Lata

Singh v. State of U.P. and another, (2006) 5 SCC 475; and Bhagwan Dass v.

State (NCT of Delhi), (2011) 6 SCC 396 and as per the Government Order

dated 31.8.2019.

6. It goes without saying that this Court has not entered into whether the

marriage is legal or not.

7. With these observations, this petition is partly allowed.

8. Since the writ petition is being disposed of at the stage of fresh motion itself

and notices have not been issued to private respondents, as such, liberty is given

to them to file a recall, in case any of the averments made in the writ petition are

found to be incorrect.

Order Date :- 3.11.2022

PS

Digitally signed by POOJA SHARMA

Date: 2022.11.05 15:56:52 IST

Reason:

Location: High Court of Judicature at

Allahabad