Neha Shrivastav vs The State Of Madhya Pradesh
2021 Latest Caselaw 3015 MP

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         THE HIGH COURT OF MADHYA PRADESH
                      WP No.11052/2021
      (NEHA SHRIVASTAVA & ANR. VS. STATE OF M.P. & ORS.)

                    Through Video Conferencing

Gwalior, Dated : 06/07/2021

      Ms. Ayushi Yadav, learned counsel for the petitioners.

      Shri M.P.S.Raghuwanshi, learned counsel for the State.

      It is submitted by the counsel for the petitioners that the

petitioners are of marriageable age. The date of birth of the petitioner

No.1 is 01/01/1997, whereas date of birth of the petitioner No.2 is

15/03/1992

. On 11/06/2021, they have performed marriage in Arya

Vaidik Samaj Sanstha, Khidki Mohalla, Ganj, Gwalior, M.P.

Since, the parents of the petitioner No.1 are threatening the

petitioners, therefore, they have made a complaint to the

Superintendent of Police, Gwalior, but no action has been taken. It is

further submitted that in the light of the judgment passed by the

Supreme Court in the case of Lata Singh Vs. State of UP, reported

in (2006) 5 SCC 475, the petitioners are entitled for protection.

Per contra, it is submitted by the counsel for the State that in

the complaint made to the Superintendent of Police, Gwalior, the

petitioners have not given any instance of threatening and therefore,

it appears that this petition has been filed without any cause of action.

In reply, it is submitted by the counsel for the petitioners that

last few lines of Annexure P/1 are not visible and, therefore,

I.A.No.7706/2021 has been filed seeking exemption from filing of

typed copy of the said document.

Heard the learned counsel for the parties.

This Court has gone through the complaint made by the

petitioners to the Superintendent of Police, Gwalior on 16/06/2021.

From the entire document, it appears that the petitioners are merely

apprehending some report by the parents of the petitioner No.1 and

they have prayed that in case, if said report is made, then further

action should be taken after giving an opportunity of hearing to them.

Thus, it is clear that this petition has been filed without there being

any pressure or threat by the parents of the petitioner No.1.

Be that as it may.

The petitioners have filed the copy of their mark-sheets, which

indicate that they are major. Two major persons are free to live their

lives as per their wishes and nobody has any right to interfere in their

peaceful married life.

Under these circumstances, it is held that although, the

petitioners have not pointed out any instance of pressure or threat by

the parents of the petitioner No.1. However, as nobody has any right

to interfere in the married life of the petitioners, accordingly, it is

directed that in case, if the petitioners make any application to the

Superintendent of Police, Gwalior pointing out the specific instances

of threat or pressure, by the parents of the petitioner No.1 or their

agents, then the same shall be considered in the light of the judgment

passed by the Supreme Court in the case of Lata Singh (supra) and

if necessary appropriate protection shall be granted to the petitioners.

However, it is made clear that in case, if any FIR has already

been lodged or any order has already been passed in some other

proceedings, then this order shall not affect those proceedings.

With aforesaid observation, the petition is finally disposed of.

(G.S. Ahluwalia) Judge Pj'S/-

PRINCEE BARAIYA 2021.07.06 20:28:54 -07'00'