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2020 DIGILAW 1092 (ALL)

Vandana v. State Of U. P.

2020-08-27

KAUSHAL JAYENDRA THAKER

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JUDGMENT : 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State. 2. This petition has been filed without any documentary proof of marriage having taken place. 3. On the objection being raised by the State, learned Counsel for the petitioners states that they would get their marriage registered. On what basis the Registrar will register the marriage is not known. 4. I do not thank that this Court should exercise extra ordinary jurisdiction in absence of any document showing the solemnization of their marriage as per Hindu Marriage Law. 5. May that as it may be, if the petitioners move the police authority with all documents showing that they have entered into the wedlock and they shall get their marriage registered in short time, the police may grant them protection. 6. 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. 7. It goes without saying that this Court has not entered into whether the marriage is legal or not. 8. With these observations, this petition is partly allowed. 9. 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.