Allahabad High Court
Smt. Amna @ Shikha Singh And Another vs State Of U.P. And 3 Others on 13 January, 2016
Author: Pankaj Mithal
Bench: Pankaj Mithal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - C No. - 1307 of 2016 Petitioner :- Smt. Amna @ Shikha Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukhtar Alam,Keshari Nath Tripathi Counsel for Respondent :- C.S.C. Hon'ble Pankaj Mithal,J.
1. Heard learned counsel for the petitioners and learned standing counsel appearing for the State of U.P.
2. The petitioners as usual are claiming protection as they have married of their own free will but against the wishes of their parents/relatives.
3. The averments in the petition are supported by joint affidavit of the petitioners.
4. The petitioners are of marriageable age as per High School mark sheet/certificate.
5. It is a case of conversion of religion.
6. Notwithstanding the above, as the petitioners on the averments made in the petition are otherwise prima-facie of marriageable age who are entitle to live at the place and with the person of their choice, without expressing any conclusive opinion regarding marriageable age of both of them, validity of their marriage or the genuineness of the marriage certificate produced or the change of their religion, the concerned police authorities are directed to ensure that they are not put to any threat or torture and that their married life is not disturbed by any one, provided they apply for registration of their marriage in accordance with the provisions of the Uttar Pradesh Hindu Marriage Registration Rules,1973/The Special Marriage Act,1954 within a period of one month from today and file the certificate of registration of marriage before the Court on affidavit, within two months from today, failing which, the interim protection granted herein-above shall automatically cease to operate.
7. It is made clear that filing of this petition or this order would not be treated as proof of valid marriage between the petitioners and that it would not affect any investigation, if any, pending before the police authorities in connection with their age or marriage.
8. Issue notice to respondent no.4 by registered post.
9. List for admission/final disposal immediately after two months.
Order Date :- 13.1.2016 SKS