Smt Khushbu Kumar vs The State Of Madhya Pradesh
2021 Latest Caselaw 3430 MP

   1    THE HIGH COURT OF MADHYA PRADESH
                Writ Petition No.12520/2021
  Smt. Khushbu Kumari and another Vs. The State of M.P. and
                           others

                 Through Video Conferencing
Gwalior, Dated:19/07/2021

       Shri Anant Kumar Bansal, Advocate for petitioners.

       Shri C.P. Singh, Panel Lawyer for respondents no.1 to 3/State.

This petition under Article 226 of the Constitution of India has

been filed seeking the following reliefs:-

"7.1 That, the petitioners therefore most humbly pray that this Hon'ble court may kindly be pleased to allow this petition and direct the respondents to provide Police Protection to the petitioners as when required and to pass such other further orders deemed fit and proper in the interest of justice.

7.2 That, other relief doing justice including cost be ordered."

It is submitted by the counsel for the petitioners that earlier the

petitioners were living in live-in relationship and now they have

performed marriage in a temple and the petitioners are apprehending

that the parents of the girl may lodge an FIR against her husband and

in-laws or they may also cause any loss to them.

The petitioners have not filed copy of the mark-sheet to show

the date of birth of the petitioner no.1. When a specific question was

put to the counsel for the petitioners that since the Adhar Card is not

a document of date of birth and it is merely a document of bio-matrix

and why the copy of the mark-sheet of petitioner no.1 has not been

filed, then it was spontaneously submitted by Shri Bansal that since 2 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.12520/2021 Smt. Khushbu Kumari and another Vs. The State of M.P. and others

the petitioner no.1 is an illiterate girl, therefore, she does not have

any school record. Accordingly, the attention of the counsel for the

petitioners was drawn towards paragraph 3 of Annexure P/3, which is

an application to the Superintendent of Police, Gwalior. The said

paragraph 3 of the application reads as under:-

**3- eq> izkfFkZ;k dks lquokbZ esa vk;k gS fd esjs ?kj okys esjs f[kykQ ?kj ls pys tkus laca/kh dk;Zokgh djuk pkgrs gSa rFkk esjs laca/k esa xqe'kqnxh dh fjiksVZ Hkh djuk pkgrs gS] ysfdu eS jfo ds lkFk jgus esa vR;Ur [kq'k gwWA esjk thou jfo ds lkFk jgus esa lqjf{kr gSA ysfdu eq>s vk'kadk gS fd ?kj okys ekrk&firk] QwQk f'koyky vksgnkj eq>s ijs'kku djus dh fQjkd esa gSaA og esjs f[kykQ >wBh f'kdk;r iqfyl esa Hkh dj ldrs gSa ;k eq>s ;k esjs ifr dks tkueky dk uqdlku igqapk ldrs gSaA esjs ikl ckfyx gksus laca/kh igpku&i=] 'kS{kf.kd nLrkost vkSj lkFk jgus laca/kh dkuwuh ekU;rk izkIr nLrkost Hkh gSa ftuds eqdkcys esjs ek;ds okyksa }kjk esjs vkSj jfo ds fo:) dh tkus okyh fdlh iqfyl dk;Zokgh] fjiksVZ csvlj o fujk/kkj le>h tkos rFkk esjh o esjs ifr ds tkueky dh lqj{kk dh tkos rFkk esjs ek;ds okyksa }kjk Hkfo"; esa dh tkus okyh dzwjrk o 'kkjhfjd o ekufld izrkM+uk ds laca/k esa muds fo:) dBksj dk;Zokgh djsaA**

The attention of the counsel for the petitioners was drawn

towards the contention of the petitioner no.1 in the application itself

that she is major and is having all educational documents in support

of the same. Thus, it is clear that the spontaneous stand taken by the

counsel for the petitioners with regard to the illiteracy of the

petitioner no.1 is false and contrary to record. Further, the petitioners

have filed two photographs to show that they have married. In first

photograph it appears that the petitioners are exchanging garlands

and in the second photograph the petitioner no.2 is filling Maang of 3 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.12520/2021 Smt. Khushbu Kumari and another Vs. The State of M.P. and others

petitioner no.1. None of these rituals would result in a valid marriage.

Although it is the stand of the petitioners that they have performed

marriage in a temple, however, neither the date of marriage nor the

temple in which the marriage was performed has been disclosed.

Even the photographs of Saptpadi have not been filed. Under these

circumstances, it is difficult for this Court to accept the contention of

the counsel for the petitioners that the marriage was performed in

accordance with the Hindu Law. Further, the petitioner no.1 is a

literate girl, but for the reasons best known to the petitioners her

mark-sheet has not been placed on record.

Be that whatever it may.

Further, in the complaint Annexure P/3 there is no instance of

any threat by the parents of the petitioner no.1. It is merely mentioned

that the petitioners have an apprehension. Mere apprehension cannot

be a basis for seeking protection in the light of the judgment passed

by the Supreme Court in the case of Lata Singh Vs. State of UP and

another reported in (2006) 5 SCC 475.

Accordingly, this petition is dismissed.

However, if the petitioners approach the Superintendent of

Police, Gwalior alongwith the school record to show that the

petitioner no.1 is a major girl as well as alongwith the documents to 4 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.12520/2021 Smt. Khushbu Kumari and another Vs. The State of M.P. and others

show that they have performed marriage strictly in accordance with

Hindu Law as well as also pointing out any instance of threat or

intimidation or any type of offence, then the said application shall be

considered in accordance with law. However, it is made clear that if

any FIR has already been registered or if any order has already been

passed in any other proceedings, then the aforesaid liberty granted to

the petitioners shall not have any adverse effect on the said

proceedings.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.07.20 11:14:46 +05'30'