Allahabad High Court
WRIC/35793/2026 of SANE ALI AND ANOTHER Vs STATE OF U.P. AND 2 OTHERS on 16 September 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 35793 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE SIDDHARTH NANDAN, J. 1. Heard learned counsel for the parties. 2. By means of the present writ petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of certiorari to
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35793 of 2026
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
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1. Heard learned counsel for the parties.
2. By means of the present writ petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of certiorari to quash the orders passed by Registrar Marriages under the Special Marriage Act, 1954 refusing to solemnization and registration of marriage.
3. While the learned Standing Counsel submits that if the parties fail to appear before the Special Registrar Marriages under the Special Marriage Act, 1954, there is no duty cast upon the Registrar Marriages to solemnize such marriage and register the same. However, he submits that the petitioner has an efficacious remedy to file a statutory appeal under Section 17 of the Special Marriage Act, 1954.
4. Learned counsel for the petitioner at this stage submits that the period prescribed for entertaining the appeal is only 30 days.
5. In the given facts and circumstances, we dispose of this writ petition with direction to the petitioner to prefer an appeal under Section 17 of the Special Marriage Act, 1954 against the order dated 11.03.2026 passed by the District Magistrate, Versus Counsel for Petitioner(s) : Ali Bin Saif, Dinesh Kumar Yadav Counsel for Respondent(s) : C.S.C. Sane Ali And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
District Bareilly and in the event he prefers any such appeal within two weeks from today, his appeal shall be heard and decided on merits within a further period of one month.
6. With the aforesaid observations/directions, the writ petition stands disposed off.
September 17, 2026 S.Prakash WRIC No. 35793 of 2026 2 (Siddharth Nandan,J.) (Ajit Kumar,J.) Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad