Madhya Pradesh High Court

Neetu Yadav vs The State Of Madhya Pradesh on 9 December, 2021

Author: Vishal Mishra

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             THE HIGH COURT OF MADHYA PRADESH
                         WP No. 27112 of 2021
     (NEETU YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)


GWALIOR; dated 09.12.2021

      Shri Hemant Singh Rana, learned counsel for the petitioner.

      Shri    Deepak     Khot,    learned    Govt.    Advocate     for    the

respondents/State.

Heard the learned counsel for the parties.

The present petition is being filed under Article 226 of the

Constitution of India seeking following reliefs:-

"That, respondent authorities be kindly directed to give the protection to the present petitioner, moreover directed to take appropriate action against the concerning person.

Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case same may kindly be granted to the petitioner."

It is alleged that the petitioners no.1 and 2 are major aged about

18 years and 27 years and out of their own sweet will, they were having

love- relationship and has taken the decision to marry. In pursuance to

the same, they have solemnized their marriage on 18.11.2021 at Arya

Vedik Samaj Mandir, Lohamandi Kilagate, Gwalior. The certificate is

annexed as Annexure P/2. It is alleged that the respondent no.4-father is

not happy with the marriage and is taking all the possible steps to

disturb their married life and is also giving threatening to kill them. It is

submitted that they are having a danger to life and liberty and prays for

grant of protection to the police authorities. They went to the police

authorities by way of filing an application but of no consequence. He

has relied upon the judgment passed by the Hon'ble Supreme Court in

THE HIGH COURT OF MADHYA PRADESH WP No. 27112 of 2021 (NEETU YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

the case of Lata singh v. State of UP reported in (2006) 5 SCC 475

wherein the Hon'ble Supreme Court has directed for grant of protection

to such couples. In such circumstances, the petitioners are left no other

option except to approach the knock the door of this Court by filing the

present writ petition seeking protection of their life and liberty. They

have already filed representation to the police authorities on 30.11.2021

but of no consequence.

Per contra, learned counsel for the State has opposed the petition

and has submitted that the marriage is said to have been taken place on

18.11.2021, the representation was made to the Police Authority on

30.11.2021 and the petition has been filed on 06.12.2021, not even

breathing time is being given to the Police Authority to dwell upon the

representation submitted by the petitioners. However, in the interest of

justice, he further submits that the petitioners are free to go before the

Superintendent of Police or to concerning Police Station of their

jurisdiction and get their statement recorded to the effect that they have

already solemnized the marriage on 18.11.2021.

Heard the learned counsel for the parties and perused the record.

From perusal of the record it is seen that petitioners appears to be

major and they have solemnized their marriage out of their own sweet

will as per the contentions made in the petition and affidavits filed in the

petition. It appears that the petitioners have not even approached the

authorities after solemnizing the marriage and in a routine way they

THE HIGH COURT OF MADHYA PRADESH WP No. 27112 of 2021 (NEETU YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

have filed the present petition. The police authorities are not even being

granted breathing time to dwell upon the representation/complaint filed

by them and immediately within a 5-6 days and without waiting for a

sufficient period, the present petition has been filed on 06.12.2021.

However, in the interest of justice and looking to the fact that assertion

is made that petitioners are major and they have solemnized the

marriage, this Court deems it appropriate to dispose of the petition with

a direction to the petitioners to approach the concerning Police

Authority along with all the relevant documents regarding their age and

marriage certificate to Superintendent of Police, and apprise them

regarding the factual scenario. The Police authorities are directed to

listen to their grievances and thereafter take appropriate action in

accordance with law.

With the aforesaid observation, the petition is disposed of.

This Court has already passed a detailed order in W.P.

No.14257/2021 (Smt. Dolly Sahu W/o Shri Manoj Patsaria &

another Vs. State of M.P. and ors.) on 23.08.2021, wherein certain

directions have been given to the Police Authorities which reads as

under:-

"The Arya Samaj Sansthas, who are performing the marriages, are directed to follow all the provisions as contemplated in the Arya Marriage Validation Act 1937. In the interest of justice, the Arya Samaj Sanstha is directed to intimate the concerning police authorities immediately wherein an application for solemnization of marriages filed. The aforesaid direction has issued in the interest of

THE HIGH COURT OF MADHYA PRADESH WP No. 27112 of 2021 (NEETU YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

the couples like the petitioners at large as they are coming forward to this Court for seeking a protection of the life, liberty and dignity and if the intimation is being given to the concerning police authorities at the relevant time by the Arya Samaj Sansthas, then the protection to the couples like the petitioners can always be taken care of by the police authorities. This will reduce the number of such petitions filed before this Court and will reduce the cases of honour killing.

The petitioners are further directed to get their marriages registered before the competent authorities under the Registration of Births and Deaths. Registration of Marriage has become mandatory in view of registration of Marriage Act.

The aforesaid direction was issued looking to the judgment

passed by the Hon'ble Supreme Court in the case of Smt. Seema Vs.

Ashwani Kumar in Transfer petition (Civil) No. 291/2005 decided on

14.02.2006.

Considering the aforesaid directions issued by the Hon'ble

Supreme Court in the case of Smt. Seema (supra), this Court deems it

appropriate to direct the petitioners to get their marriage registered

before the Registrar of Marriages within a period of one month from the

date of receipt of the certified copy of this order. The Superintendent of

Police is directed to monitor the aforesaid registration of marriage by

the petitioners. Such directions have been issued in the interest of

couples like petitioners at large and the same will be helpful in avoiding