Smt Manupriya Manjhi W/O Shri ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 1130 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      W.P.No.7129/2021
 (Smt. Manupriya Manjhi and another Vs. State of M.P. and others)

Gwalior, Dated:-26/3/2021
      Heard through Video Conferencing.

      Shri Neeraj Dhamanya, learned counsel for the petitioner.

      Smt. Padamshree Agarwal, learned Govt. Advocate for the

respondent/State.

The present petition has been filed being aggrieved by the

inaction on the part of respondents no.1 to 3, 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 respondent no.4, if any, against

the petitioners.

It is alleged that the petitioners are major and have

solemnized their marriage out of their sweet will at Arya Samaj

Mandir, Greater Noida, Gautam Buddh Nagar. It is submitted that

the mother 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

THE HIGH COURT OF MADHYA PRADESH W.P.No.7129/2021 (Smt. Manupriya Manjhi and another Vs. State of M.P. and others)

has submitted that the petitioners have submitted an application for

protection to the respondents authorities on 18.3.2021 and sent the

same through registry to the respondents authorities on 19.3.2021

and immediately thereafter on 23.3.2021 the petitioners have filed

the petition seeking protection not even granted breathing time to

the authorities to dwell upon the complaint. It is further submitted

that both the petitioners are residing at Gwalior and solemnized the

marriage in Arya Samaj Mandir, Greater Noida, Gautam Buddh

Nagar, therefore, the petition deserves to 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 are resident of Gwalior and they have solemnized

their marriage from Arya Samaj Mandir, Greater Noida, Gautam

Buddh Nagar. Since there is nothing on record to show that any

subsequent threatening or illegal action is being taken by the

mother of the petitioner no.1 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

THE HIGH COURT OF MADHYA PRADESH W.P.No.7129/2021 (Smt. Manupriya Manjhi and another Vs. State of M.P. and others)

(supra).

However, the petitioners are at liberty to approach the Police

Authority, concerned along with all the relevant documents

regarding their marriage as well as age proof in case there is any

threat to them and Police Authority is at liberty to take appropriate

action in accordance with law.

Petition sans merit and is accordingly dismissed with the

aforesaid liberty.

E-copy/Certified copy as per rules/directions.

(Vishal Mishra) Judge Pawar*

ASHISH PAWAR 2021.03.27 15:27:42 +05'30'