DIVYANSH SINGH YADAV AND ANOTHER v. State of U.P. AND 3 OTHERS
WRIC/33022/2024 · 2025-02-27
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 102666 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 102666 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:28906 Court No. - 76 Case :- WRIT - C No. - 33022 of 2024 Petitioner :- Divyansh Singh Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brajesh Kumar Solanki,Samrat Vikram Singh Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioners, Shri Yogesh Kumar, learned Standing Counsel for the State-respondents, and perused the records.
2. The petitioners have filed the instant petition to seek protection from the police as they solemnized their marriage without the consent of their parents.
3. On the last day of the hearing, the Court sought a verification report regarding the legitimacy and genuineness of the documents filed along with the petition.
4. Learned Additional Chief Standing Counsel, on the basis of instructions, states that on police verification it's revealed that in the Aadhar Card of petitioner no.1-Divyansh Singh Yadav and the High School certificate, his date of birth has been recorded as 12.05.2004, therefore, he was minor at the time of solemnization of the marriage, therefore, the instant writ petition deserves to be dismissed with cost.
5. The petitioners have approached this Court seeking protection from the police stating therein that they are major, hence they have performed their marriage on 22.08.2024 but perusal of the Aadhar
card and the educational record of petitioner no.1-Divyansh Singh Yadav reflects that his date of birth has been recorded as 12.05.2004, therefore, at the time of solemnization of marriage, he was minor, therefore, the relief claimed in the instant writ petition cannot be granted.
6. Accordingly, the writ petition is dismissed. Order Date :- 28.2.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad