POOJA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned standing counsel appearing for the State of U.P.

(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.

(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.