Smt. Khushboo & Another Vs State Of U.P. & 3 Others

Allahabad High Court (Single Judge)

WRIT - A, 35643 of 2015, Judgment Date: Jun 25, 2015

Case :- WRIT - C No. - 35643 of 2015
Petitioner :- Smt. Khushboo & Another
Respondent :- State Of U.P. & 3 Others
Counsel for Petitioner :- A.N. Tiwari,Pravesh Kumar Rajput
Counsel for Respondent :- C.S.C.
Hon'ble Ran Vijai Singh,J.
Heard learned counsel for the petitioners and the learned Standing
Counsel.
No notice is issued to private respondent in view of the order proposed
to be passed today, however, liberty is reserved for private respondent
to apply for variation or modification of this order if he feels so
aggrieved.
Petitioners' case in the writ petition is that both the petitioners being
major they have solemnised their marriage on 5.6.2015. Their marriage
has not been registered.
The Apex Court in Seema (Smt.) vs. Ashwani Kumar reported in
2006(2) S.C.C. 578 has laid down that all marriages are required to be
compulsorily registered. The registration of marriages gives a
presumption unless it is rebutted by an order of the competent Court or
the marriage certificate is cancelled. Petitioners' case further is that no
first information report has been lodged against them.
In view of the facts of the present case, I am of the view that in the event
no first information report has been lodged against the petitioners, no
coercive action shall be taken against them by the police authorities. It is
made clear that in the event any first information report is lodged, it will
be open for the police authorities to proceed in accordance with law.
The petitioners are directed to get their marriage registered in
accordance with law within a period of two months from date of receipt
of a certified copy of the order of this Court. In case their marriage is not
registered within the stipulated period the interim protection given this
court shall stand automatically vacated.
The writ petition is disposed of with the above observations.
Order Date :- 25.6.2015
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