LAWS(ALL)-2013-1-28

SYED ANJUM SAHAR Vs. STATE OF U.P.

Decided On January 10, 2013
Syed Anjum Sahar Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) HEARD learned counsel for the writ petitioners and learned counsel for the State. Petitioners have annexed documents and educational certificates in support of their plea that both are adults and have married each other of their own freewill.

(2.) THIS case is not different from large number of similar cases coming to this Court wherein young girl and boy claim to be adults and raise a grievance that they have married or are living with each other of their own freewill and for that, they are being threatened and harassed by parents of one or other party generally in connivance with or with support of local police.

(3.) DISPOSAL of writ petition in such cases may not be construed as grant of certificate by this Court that the alleged marriage is valid and in accordance with law, but nonetheless where girl and boy are adults and they are living together of their own freewill, the Police must give due protection after making enquiry in respect of claim of their age. Once the girl and boy are found to be adults, it is the duty of the Police as well as the Civil Society to ensure that they are not put to fear of their lives or liberty.