KAJAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYAT RAJ DEPTT. LKO. AND 4 OTHERS
WRIA/906/2025 · 2025-01-23
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119485 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119485 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4502 Court No. - 6 Case :- WRIT - A No. - 906 of 2025 Petitioner :- Kajal Singh Respondent :- State Of U.P. Thru. Prin. Secy. Panchayat Raj Deptt. Lko. And 4 Others Counsel for Petitioner :- Mohd. Salman,Ana Fatma,Mukhtar Ahamad Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Mohd. Salman, learned counsel for the petitioner as well as Ms. Deepshikha, learned Chief Standing counsel for the respondents. 2. It has been submitted on behalf of the petitioner that the petitioner and opposite party No.5 were in relationship with each other for last two years and have subsequently got married on 15.4.2024 in a temple situated at Bijnor, Lucknow according to Hindu rites and rituals and subsequently they are residing as husband and wife. It is further stated that opposite party No.5 is working on the post of Gram Vikas Adhikari, Block Purwa, District Unnao. 3. In the present writ petition, prayer has been made for a direction to respondent No.s 2 to 4 to take appropriate application submitted by the petitioner and record her name as wife of opposite party No.5 in the service book of opposite party No.5. It has been stated by learned counsel for the petitioner that there is a dispute between the petitioner and opposite party No.5 and it is stated that in the aforesaid circumstances, petitioner has not recorded name of opposite party No.5 in the service book showing her as his wife. 4. Learned Chief Standing counsel has raised a preliminary objection regarding maintainability of the present case. It is stated that firstly the claim of the petitioner cannot be determined in writ proceedings as it pertains to disputed questions of facts and the petitioner has not annexed any document which may demonstrate that she is married to opposite party No.5 and merely enclosing certain photographs and a residence certificate issued by the office of Sub Divisional Magistrate indicating the name of opposite party No.5 as husband of Kajal Singh are not sufficient documents in itself to indicate marriage of the petitioner with opposite party No.5. It was stated that it has clearly come in the certificate dated 26.12.2004 annexed by the petitioner herself which has been recorded by the authorities without any verification and the same cannot deemed to be a certified issued by the competent authority pertaining to marriage. 5.
Accordingly, considering the rival contentions, it is evident that by means of the present writ petition the petitioner is seeking declaration that opposite party No.5 is her husband. There is matrimonial dispute between he petitioner and opposite party No.5 and it seems that the marriage has not been registered and it is a disputed question which is sought to be agitated before this Court in writ proceedings under Article 226 of the Constitution. 6. In case, the petitioner is seeking a declaration that opposite party No.5 is her husband then she is at liberty to move appropriate court and seek declaration in this regard. In absence of the documents in support of her claim the said declaration as sought by the petitioner cannot be passed in writ proceedings. In view of the above, this Court declines to entertain the present writ petition. 7. For the reasons aforesaid, the petition is dismissed. (Alok Mathur, J.) Order Date :- 23.1.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench