Smt Kamini Namdev vs The State Of Madhya Pradesh
2024 Latest Caselaw 16748 MP

Madhya Pradesh High Court

Smt Kamini Namdev vs The State Of Madhya Pradesh on 24 June, 2024

                                                                1                               WP-16634-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        WP No. 16634 of 2024
                                (SMT KAMINI NAMDEV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 24-06-2024
                                  Ms. Divyanshi Kushwah, learned counsel for petitioners.

                                  Shri Nilesh Singh Tomar, learned GA for respondent/State.

This present petition under Article 226 of the Constitution of India, has been filed for protection of life and liberty of the petitioners.

It is case of the petitioners that they have entered into inter-caste marriage out of their own volition and consent. Both the petitioners are major and took

decision to marry each other. The marriage is stated to be solemnized on 19-06- 2024. It is submitted by learned counsel for the petitioners that respondent No.4 who is a family member of petitioner No.1 is objecting to said marriage and therefore, petitioners apprehend threat to their life and liberty at the hands of family members of petitioner No.1 as well as petitioner No.2. Learned counsel for the petitioner has relied on the judgment of Hon'ble Apex Court in Lata Singh Vs State of U.P. and another (2006) 5 SCC 475 and in the case of Shakti Vahini VS Union of India and others 2018(7) SCC 192.

Learned counsel for the State submits that in case petitioners approach,

respondent No.2 and 3 shall look into the matter and and take suitable action, if required.

Taking into account the submissions made by counsel for the parties and controversy involved in the matter, this writ petition is disposed of directing respondent Nos. 2 and 3 to look into the grievance raised by the petitioners in the representations (Annexure P-4). Respondent No.2 and 3 shall examine said representation and after verifying the factum of age and marriage of the

2 WP-16634-2024 petitioners, shall take suitable action in the matter in accordance with law in view of the law laid down in the case of Lata Singh Vs State of U.P. and Shakti Vahini VS Union of India and others (Supra).

I t is made clear that this court has not expressed any opinion on the merits in respect to validity of marriage of the petitioners.

With the aforesaid directions, writ petition stands disposed of.

(VIVEK JAIN) V. JUDGE

Vishal