Madhya Pradesh High Court
Smt. Suman Rajak vs The State Of Madhya Pradesh on 29 June, 2021
Author: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
W.P. No. 11199/2021
(Smt. Suman Rajak and anr. vs. State of M.P.& Ors.)
Gwalior, Dated :29.06.2021
Heard through Video Conferencing.
Shri Rajeev Shrivastava, counsel for the petitioners.
Shri Sanjay Sharma, Govt. Advocate for the respondents/State.
The present petition has been filed under Article 226 of the
Constitution of India seeking direction for protection of life and liberty
of the petitioners and family members of petitioner No.2 from criminal
activities or threatening given by the father of the petitioner No.1.
The grievance of the petitioners is that they are the major person
and against the wishes of parents of petitioner No.1 she is entered into
marriage with petitioner No.2. The said marriage is not digestible on the
part of the parents and relatives of the petitioner No.1 and they become
furious and annoyed with the petitioners marriage and they threatening
the petitioners to kill their life. The matter was reported to the
Superintendent of Police Gwalior and also police station officer, police
station Gwalior along with higher police officer, but no response is given
by the police.
It is submitted that the petitioner No.1 is also major and her date of
birth as per marksheet is 28.04.2002, hence, she is attending the age of
more than 19 years. The petitioner No.2 is belonging to same community
and as per Aadhar Card the date of birth is 05.09.1995. He is also major.
Since both the parties are major and fully understandable consent of
mind, therefore, against the wishes of parents of petitioner No.1 both are
entered into a marriage before Mool Shankar Arya Vaidik Samaj Sanstha
Pavansut Colony, Hurawali Gwalior on 23.06.2021. Copy of marriage
certificate issued by Arya Samaj is marked as Annexure P/1. It is further
submitted that soon after the marriage both the petitioners are happily
residing as a husband-wife enjoying their matrimonial relationship. But
the father of petitioner no.1 is not feeling well and they also registered a
FIR against the petitioner no.2 and his family members in false theory
and they threatening the petitioner to kill him.
Counsel for the petitioners has relied upon the judgments passed
THE HIGH COURT OF MADHYA PRADESH
W.P. No. 11199/2021
(Smt. Suman Rajak and anr. vs. State of M.P.& Ors.)
by the Hon'ble Supreme Court in the case of Laxmibai Chandaragi B.
and another vs. The State of Karnataka and others, 2021 Law Suit
(SC) 84 (Criminal Misc. Writ Petition No.359/2020 dated 8.2.2021)
and by the Hon'ble Punjab and Haryana High Court recently in the case
of Farzana Begam @ Aman and Anr. vs. State of Punjab and Ors.
(CRWP 4217-2021 dated 17.05.2021) and has argued that in similar
circumstances just to protect the life and dignity of an individual the
protection has been given when the individuals are major. They are
having a right to live their life with dignity. It is submitted that there is no
dispute with respect to the fact that the petitioners are major and out of
their own will they have solemnized the marriage. It is submitted that as
they have already approached the authorities by filing their
representation. But the authorities are not paying heed upon the same and
are not granting protection to them. In such circumstances, he prays for a
direction to the authorities for granting them protection as has been
granted by the Hon'ble Supreme Court. He has further 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 benefits be extended to the petitioner.
Per contra, counsel appearing for the State has opposed the prayer
and has submitted that they have solemnized the marriage on 23.06.2021.
They shown to have approached the police authorities by filing a
representation. But the same is not bearing any acknowledgment of the
same. It is submitted that if the petitioners approach the police authorities
along with all the relevant documents regarding marriage and age proof
then the authorities will look into the grievances of the petitioners and
make all possible steps in accordance with law, if required.
Heard the learned counsel for the parties and perused the record.
From the record it is seen that the marriage was solemnized on
23.06.2021.They have approached the police authorities by filing a
representation on 24.06.2021. They have not even granted breathing time
to the authorities to look into the grievances. They have not personally
THE HIGH COURT OF MADHYA PRADESH
W.P. No. 11199/2021
(Smt. Suman Rajak and anr. vs. State of M.P.& Ors.)
approached the authorities for redressal of their grievances. In such
circumstances, this Court deems it appropriate to dispose of the writ
petition with a direction to the petitioners to approach the concerning
authorities i.e. respondents No. 2 and 3 within seven working days along
with the certificate of age as well as the proof of their marriage and in
turn the authorities are directed to look into the grievances and take
appropriate steps in accordance with law, if required.
With the aforesaid observations, the petition is disposed of.
(VISHAL MISHRA)
JUDGE
van
SMT VANDANA
VERMA
2021.07.02 15:48:02
-07'00'
