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2025 DAILYLAW 105269 (ALL)

SMT KASHISH BEE AND ANOTHER v. State of UP AND 3 OTHERS

WRIC/35153/2024 · 2025-01-10

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:5661 Court No. - 76 Case :- WRIT - C No. - 35153 of 2024 Petitioner :- Smt Kashish Bee And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Abdul Mazeed,Syed Mohammad Farook Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, Shri Pramit Kumar Pal, 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. On police verification it's revealed that the petitioner no.2-Mohd. Furkan is not at marriageable age even though the petitioners have contended that the petitioners have legally entered into marriage after attaining the age of majority. 4. In rebuttal, learned counsel for the petitioners does not give any satisfactory reply. 5. In view of the fact that the petitioner no.2-Mohd. Furkan was minor at the time of solemnization of marriage and the contentions have been raised contrary to the pleadings made in the writ petition, therefore, no mandamus can be issued in favour of the petitioners. 6. Accordingly, the writ petition is dismissed. Order Date :- 10.1.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad