Smt Pinky Jatav W/O Dilip Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 313 MP

                                    1                                WP-4429-2021
        The High Court Of Madhya Pradesh
                   WP-4429-2021
   (SMT PINKY JATAV W/O DILIP JATAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND
                                        OTHERS)


Gwalior, Dated : 27-02-2021
      Shri R.K. Pathak, learned counsel, for the petitioners.

      Shri Sanjay Kumar Sharma, learned GA., 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.

It 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.

Per contra, counsel for the State has opposed the petition and has submitted that the petitioners have never approached the police authorities and no document pertaining to the same has been filed and 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 for which the alleged certificate of Arya Vedic Samaj Sanstha is filed Annexure P/1. It is seen that certain photographs of solemnization of marriage are also filed.

2 WP-4429-2021 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, 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 Superintendent of Police, Morena along with all the relevant documents regarding their marriage as well as age proof in case there is any threat to them and Superintendent of Police, Morena 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 2021.02.28 13:10:34 -08'00'