ABHISHEK SINGH KUSHWAHA Vs. STATE OF U P

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. An order was passed by this Court on 2- 2-2006 in a writ under Article 226 of the Constitution filed by Abhishek Singh Kushwaha and Smt. Shakshi Kushwaha which is Annexure-1. An application by the opposite party No. 2, Jugal Kishor Singh, father of the applicant No. 2, Smt. Shakshi Kushwaha was given for recalling the order, which is Annexure-2. A subsequent application has now been made by the mother, Smt. Aparna Kshwaha, of applicant No. 2 for the same purpose of recalling the order.

(2.) WE have heard Shri K. Ajit, advocate, Counsel for the applicant mother and Additional Chief Standing Counsel for the State.

(3.) ALLEGATIONS have been made that the age of the girl has been wrongly indicated before the Court and fraud has been practised. It has been further alleged that the marriage is void, not being in accordance with the provisions of Special Marriage Act. If fraud has been practised, the proper remedy lies in filing a suit on the basis of fraud, similarly, if the marriage is illegal a declaratory suit is the proper remedy.