Allahabad High Court
Rajni Bharti And Another vs State Of U.P. And 6 Others on 31 January, 2020
Author: Kaushal Jayendra Thaker
Bench: Kaushal Jayendra Thaker
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - C No. - 3098 of 2020 Petitioner :- Rajni Bharti And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vinod Shankar Tripathi,Vijai Shanker Tripathi 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 also got their marriage registered.
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.
4. The petitioners have moved application to the police authority which shows that they have real apprehension to their lives. They have got their marriage registered and the marriage registration certificate is on record.
5. Learned Standing Counsel for the state states that some rider may be applied.
6. Both the petitioners belong to the same district. The police authority concerned shall give protection to the petitioners 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. As the matter has been proceeded ex parte against the private respondent (s), if they have any grievance and if it is found that there is any misstatement, the private respondent (s) may file an application before the concerned police authority who may consider their grievance and do the needful.
8. It goes without saying that this Court has not entered into whether the marriage is legal or not.
9. With these observations, this petition is partly allowed.
10. The respondent No.4 shall hand over all the documents of the petitioner on or before 7.2.2020 and if he does not do so, the Police authority shall see that the documents should be handed over to the petitioners.
Order Date :- 31.1.2020 DKS