Madhya Pradesh High Court
Smt. Priyanka Kushwaha vs The State Of Madhya Pradesh on 7 July, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
W.P. No.11636/2021
(SMT. PRIYANKA KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND
OTHERS)
Through Video Conferencing
Gwalior, Dated : 07-07-2021
Shri Ranjeet Khanvilkar, Counsel for petitioners.
Shri Alok Bandhu Shrivastava, Counsel for State.
This petition under Article 226 of the Constitution of India has
been filed seeking following reliefs :
That, humble petitioners prays before this Hon'ble court the
instant petition of the petitioners may kindly be allowed and
respondents may kindly be directed for not interfering the life of
the petitioners and also respondents may kindly be directed for not
implicate her family members in any false case in the interest of
justice and respondent no.3 may kindly be directed to interfere in
marriage life of petitioners.
It is submitted by counsel for the petitioners that both the
petitioners are major and are of marriageable age. The date of birth of
petitioner No.1 is 10.12.2001 whereas date of birth of petitioner No.2
is 10.11.1994. On 19.06.2021, they have performed marriage in Arya
Samaj Mandir, Lohamandi Kilagate, Gwalior. Since the parents of
petitioner No.1 is against the marriage of petitioner No.1, therefore
they are pressurizing to terminate the relationship otherwise they
would lodge a false report of abduction against the petitioner No.2
and in-laws of petitioner No.1. Accordingly, it is prayed that in the
light of the judgment passed by the Supreme Court in the case of
THE HIGH COURT OF MADHYA PRADESH
W.P. No.11636/2021
(SMT. PRIYANKA KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND
OTHERS)
Lata Singh Vs. State of UP, reported in (2006) 5 SCC 475, the
protection may be provided to the petitioners.
Pet contra, petition is vehemently opposed by Counsel for the
State. It is submitted that in the representation dated 29.06.2021
which was sent to SHO, Police Station Janakganj, district Gwalior,
petitioners have not given any specific instances of threat or pressure
but a bald allegation has been made which clearly indicates that the
said representation was made in order to create a cause of action for
filing this writ petition.
Heard learned counsel for the parties.
In the representation dated 29.06.2021 which was sent to SHO,
Police Station Janakganj, district Gwalior, the petitioner No.1 has not
given any instances of threat or pressure. Thus, it is clear that except
making a bald statement against the parents of petitioner No.1, no
other allegation has been made. On the contrary, it appears that by
representation dated 29.06.2021, petitioners have informed the Police
about their marriage.
Be that whatever it may be.
The petitioners claim themselves to be of marriageable age
being major above the age of 18 years and 21 years respectively. If
THE HIGH COURT OF MADHYA PRADESH
W.P. No.11636/2021
(SMT. PRIYANKA KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND
OTHERS)
two major persons have decided to live their married life as per their
wishes, then nobody has any right to interfere in the same.
Under these circumstances, it is directed that in case petitioners
make a fresh representation giving the specific instances of threat or
pressure by the parents of the petitioner No.1, then the said
representation shall be considered by the Superintendent of Police,
Gwalior in accordance with law and if necessary, the protection, as
directed by the Supreme Court in case of Lata Singh (Supra), shall
be provided.
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 prior to passing of this order, then this order shall not
nullify those proceedings.
With aforesaid observation, the petition is finally disposed of.
(G.S. Ahluwalia)
Judge
Aman
AMAN TIWARI
2021.07.07
20:38:59 +05'30'
