Smt. Gunjan Agarwal vs The State Of Madhya Pradesh
2021 Latest Caselaw 443 MP

                           1

           The High Court Of Madhya Pradesh
                     WP-4377-2021
 (SMT. GUNJAN AGARWAL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS




Gwalior, Dated : 03.03.2021

      Shri Mehmood Khan, learned counsel for the petitioners.

      Shri Varun Kaushik, learned Govt. Advocate,                 for the

respondents No.1,2 and 3/State.

None for the respondents No.4.

The present petition is filed being aggrieved by the action on the

part of the respondent No.4 regarding harassment being caused to the

petitioners because the petitioners have solemnized their marriage on

10.10.2020 in Arya Vaidhik Samaj Sanstha, Gwalior.

The present petition has been filed being aggrieved by the

inaction on the part of respondent authorities whereby, they are not

performing their legaland 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 respondents, if any against the

petitioners.

It is alleged that the petitioners are major and have solemnized

their marriage out of their sweet will. It is submitted that the father

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.

The High Court Of Madhya Pradesh WP-4377-2021 (SMT. GUNJAN AGARWAL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS

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

has submitted that the petitioners have never approached the police

authorities and no document pertaining to the same has been filed

and only on the apprehension, this petition has been filed seeking

protection which is not maintainable as only on the apprehension, no

mandamus can be issued to the police authorities to grant protection

to the petitioners. Therefore, the petition sans merits and 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 they have solemnized their marriage for which the

alleged certificate of Arya Vaidhik Samaj Sanstha, Gwalior.(Annexure

P/3). It is seen that certain photographs of solemnization of marriage

are also filed. Since then there is nothing on record to show that any

subsequent threatening or illegal action is being taken by the parents

of the petitioners 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 High Court Of Madhya Pradesh WP-4377-2021 (SMT. GUNJAN AGARWAL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS

the petitioners in the light of Lata Singh's case (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.

CC as per rules.

                                                   (Vishal Mishra)
mani                                                   Judge


SUBASRI MANI
2021.03.03
14:28:28
-08'00'