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Allahabad High Court · body

2020 DIGILAW 1083 (ALL)

Sumayla Parveen v. State Of U. P.

2020-08-24

KAUSHAL JAYENDRA THAKER

body2020
JUDGMENT : 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. As the petitioners have shown their intent to live together and there is apprehension that their lives may be endangered, 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, and this order shall stand automatically vacated, in case any First Information Report has been lodged in the matter.