Smt. Ruksar Husain vs The State Of Madhya Pradesh
2021 Latest Caselaw 4541 MP

                                   1                               WP-10939-2021
        The High Court Of Madhya Pradesh
                   WP-10939-2021
    (SMT. RUKSAR HUSAIN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Gwalior, Dated : 23-08-2021
      Heard through Video Conferencing.

      Shri Mukesh Chandra Pathak, learned counsel, for the petitioners.
      Shri Ajay Singh Raghuwanshi, learned P.L. for the respondent/State.

The present petition has been filed being aggrieved by the inaction on the part of respondent authorities whereby, they are not performing their legal

and constitutional duties imposed upon them by not providing security to the petitioners and for not to take any legal action on the complaint of the respondents, if any against the petitioners.

I t is alleged that the petitioners are major and have solemnized their marriage out of their sweet will. It is submitted that the father of the girl being not happy with the marriage of the petitioners is giving threatening to petitioner No.2 and his family against which, the petitioners need protection . He has relied upon the judgment passed by the Hon'ble Supreme Court in the case of Lata singh v. State of UP reported in (2006) 5 SCC 475 and has

submitted that similar relief be extended to the petitioners.

P er contra, counsel for the State has opposed the petition and has submitted that only on the apprehension, this petition has been filed seeking protection which is not maintainable as only on the apprehension, no mandamus can be issued to the police authorities to grant protection to the petitioners. Therefore, the petition sans merits and be dismissed.

Heard the learned counsel for the parties and perused the documents. From perusal of the documents it is seen that the petitioners are major and they have solemnized their marriage as per Muslim rites and ritual.

Since then there is nothing on record to show that any subsequent threatening or illegal action is being taken by the parents of the petitioners against them. There are no complaints being made by the petitioners regarding threats or any other illegal action by their parents after their marriage. Thus, 2 WP-10939-2021 no relief can be granted to the petitioners in the light of Lata Singh's case (supra).

However, the petitioners are at liberty to approach the Police Authority, concerned along with all the relevant documents regarding their marriage as well as age proof in case there is any threat to them and Police Authority is at

liberty to take appropriate action in accordance with law.

Petition sans merit and is accordingly dismissed with the aforesaid liberty.

CC as per rules.

(VISHAL MISHRA) JUDGE

(LJ*)

LOKENDRA JAIN 2021.08.24 09:48:53 +05'30'