SALAMAT ANSARI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Rakesh Kumar Mishra, learned counsel for the petitioners, Sri Ritesh Kumar Singh, learned counsel for the informant and Sri Deepak Mishra, the learned A.G.A.

(2.) Learned AGA and learned counsel for the informant vehemently opposed the submissions on the premise that conversion per se for contracting a marriage is prohibited, said marriage has no sanctity in law, thus this Court should not exercise its extra-ordinary jurisdiction in favour of such a couple. They relied on a judgment of a Learned Single Judge in Writ C No. 57068 of 2014 (Smt Noor Jahan Begum @ Anjali Mishra and Another vs. State of U.P. and others) decided on 16.12.2014 and its recent reiteration in Writ C No. 14288 of 2020 (Priyanshi @ Km. Shamren and others Vs. State of U.P. and Another) decided on 23.09.2020.

(3.) There is no dispute that the couple has attained the age of majority as Priyanka Kharwar @ Alia's date of birth as per High School Certificate (annexure 3) is 07.07.1999 which is an enlisted document in Juvenile Justice Act, 2015 for determining the age of an individual coupled with the fact that the entry of the date of birth is not under challenge. The mere fact that this petition is filed and supported by an affidavit of Priyanka Kharwar @ Alia alleged victim, goes to show that she is voluntarily living with Salamat Ansari as a married couple.