- (1.) Heard learned counsel for the petitioners and learned standing counsel appearing for the State of U.P. This is a stereotype writ petition similar to large number of petitions coming before this Court daily wherein young girls and boys claim protection from their parents and relatives alleging threat by them with the support of police to their life contending that they are adults and have married with their own free will but against the wishes of their elders. The petitioners herein are also claim that they are of marriageable age and have married with their own free will against the wishes of their parents and therefore, their married life should be protected by restraining the respondents from interfering in their married life as husband and wife.
(2.) The factum of the petitioners being of marriageable age or the validity of marriage cannot be adjudicated on the basis of evaluation of the affidavits alone in exercise of writ jurisdiction particularly in the absence of certificates of registration of their respective dates of birth and marriage which are compulsory in law and the proof of their authenticity. The said factual aspects are required to be decided on the basis of the evidence adduced by the parties before the appropriate forum. In such a situation, this Court is at a loss to make any conclusive comments regarding the age of the petitioners or the legality of their marriage. Nonetheless as the right to marriage has been recognized as a right to life under Article 21 of the Constitution of India vide Lata Singh v. State of U.P. and another, 2006 AIR(SC) 2522 and it has further been observed that the persons of marriageable age are free to marry any one of their choice and to live an independent married life, they are entitle to be given adequate protection so that their married life, if validly entered, is not disturbed by outsiders. Normally when any such disturbance is created in the life of a married couple, they are supposed to make a complaint or lodge an F.I.R. whereupon the police would take action, investigate the matter and provide protection, if necessary.
(3.) On the other hand where the parents of either of the parties allege that marriage is not valid for certain reasons or that the parties to the marriage are minor or that the girl has been kidnapped or there is likelihood of the marriage being used as a disguise for immoral purpose, they can also lodge a complaint or F.I.R. with the police whereupon again the matter would be investigated and offenders punished in accordance with law. The petition is silent regarding any complaint or F.I.R. being lodged by either of the parties.;