Smt Nena Baraiya vs The State Of Madhya Pradesh
2024 Latest Caselaw 16787 MP

Madhya Pradesh High Court

Smt Nena Baraiya vs The State Of Madhya Pradesh on 27 June, 2024

                                                               1                               WP-16494-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       WP No. 16494 of 2024
                                (SMT NENA BARAIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 27-06-2024
                                 Shri Sooraj Bhan Lodhi, Advocate for petitioners.

                                 Shri Man Singh Jadon, Government Advocate 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 08-05- 2024. It is submitted by learned counsel for the petitioners that respondent No.4 and 5 are 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 petitioners 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 representation (Annexure P-5). Respondent No.2 and 3 shall examine said representation and after verifying the factum of age and marriage of the

2 WP-16494-2024 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

Rohit