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Madhya Pradesh High Court
Svayam Agrawal vs The State Of Madhya Pradesh on 23 January, 2026
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE B. P. SHARMA
ON THE 23rd OF JANUARY, 2026
WRIT PETITION No. 1907 of 2026
SVAYAM AGRAWAL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vishal Vincent Rajendra Daniel - Advocate for the petitioner.
Shri Dinesh Prasad Patel - Government Advocate for the
respondent/State.
ORDER
The present petition has been filed seeking the following reliefs :-
1. That, the Petitioners pray for a direction to
the Respondents to provide immediate
security to the Petitioners and their business
premises, and to restrain the Private
Respondents and his son(s) from interfering
in their peaceful life and livelihood.
2. That, respondent police authorities or
concerned police authorities may also kindly
be restrained from taking any
unconstitutional, illegal or unauthorized
action against the petitioners;
3. That, any other relief, writ or direction
which this Hon'ble Court may deem fit and
proper looking into the facts and
circumstances of the case be awarded to the
petitioner.
2. It is the case of the petitioners that the petitioners being major have
solemnized their marriage on 29.12.2025. To this effect they have filed the
marriage certificate issued by the Department of Planning Economics and
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Statistics Government of Madhya Pradesh. They have also produced the
Aadhar Card to prove that they are adults. The petitioner No.1 and petitioner
No.2 both are aged about 23 years. It is pointed out that the family of the
petitioner No.2 along with other members of the community are attempting
to initiate criminal proceedings against the petitioner and have also issued
threats to falsely implicate them in a criminal case or to kill them as the
petitioner No.1 belongs to Agrawal caste and petitioner No.2 belongs to
Brahmin community. Even the petitioner No.1 was threatened to face
consequences and some individuals have threatened the petitioner No.1. The
petitioners along with the father of the petitioner No.1 have submitted
written complaints to the concerned police station on various occasions,
however, no action has been taken by the police authorities to ensure their
safety and to protect their right to life and personal liberty. It is submitted
that the petitioners are legally entitled to marry and reside with a person of
their own choice. The petitioners have solemnized their marriage in
accordance with the social customs and are presently living together in
peace. It is submitted that no person or authority has the right to interfere
with the realization of that choice. Even otherwise, obstructing an
individual's right to choose their partner amounts to a direct assault on the
essence of dignity itself. It is argued that the Hon'ble Supreme Court has
granted protection to such kind of inter-caste marriages; wherein, the parents
being unhappy lodge false reports. The petitioner No.2 has made an
application to the Superintendent of Police, District Damoh stating therein
that she wants to go her In-Laws house as she is apprehending that her life is
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in danger as the family members of the petitioner No.2 is not happy with the
marriage. The petitioner has prayed for police protection so that she can go to
her in-laws house with safety. Learned counsel for the petitioner has placed
reliance upon the judgment passed by the Supreme Court in the case of Lata
Singh Vs. State of U.P. and Another reported in (2006) 5 SCC 475 and in the
case of Shakti Vahini Vs. Union of India and others reported in (2018) 7
SCC 192. Hence, this petition.
3. Per contra, learned counsel appearing for the State has vehemently
opposed the contentions raised by the petitioners, but he could not dispute
the fact that the petitioners are major and they have solemnized their
marriage on their own free will.
4. Heard the learned counsel for the parties and perused the record.
5. It is not in dispute that the petitioner No.1 - the husband and petitioner
No.2 - wife are majors and they have solemnized their marriage on
29.12.2025. The family of the petitioner No.2 are attempting to initiate
criminal proceedings against the petitioners and they have been threatened to
falsely implicate them in a criminal case or to kill them as the petitioner No.1
belongs to Agrawal caste and petitioner No.2 belongs to Brahmin
community. The petitioner No.1 was threatened by some individuals on
account of the marriage which he has solemnized.
6. The Hon'ble Supreme Court in the case of Lata Singh (supra) has held as
under:-
"This case reveals a shocking state of affairs. There is no dispute that
the petitioner is a major and was at all relevant times a major. Hence
she is free to marry anyone she likes or live with anyone shelikes.
There is no bar to an inter-caste marriage under the Hindu Marriage
Act or any other law. Hence, we cannot see what offence was
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committed by the petitioner, her husband or her husband's relatives.
We are of the opinion that no offence was committed by any of the
accused and the whole criminal case in question is an abuse of the
process of the Court as well as of the administrative machinery at the
instance of the petitioner's brothers who were only furious because the
petitioner married outside her caste. We are distressed to note that
instead of taking action against the petitioner's brothers for their
unlawful and high-handed acts (details of which have been set out
above) the police has instead proceeded against the petitioner's
husband and his relatives.
Since several such instances are coming to our knowledge of
harassment, threats and violence against young men and women who
marry outside their caste, we feel it necessary to make some general
comments on the matter. The nation is passing through a crucial
transitional period in our history, and this Court cannot remain silent in
matters of great public concern, such as the present one.
The caste system is a curse on the nation and the sooner it is destroyed
the better. In fact, it is dividing the nation at a time when we have to be
united to face the challenges before the nation unitedly. Hence, inter-
caste marriages are in fact in the national interest as they will result in
destroying the caste system. However, disturbing news are coming
from several parts of the country that young men and women who
undergo inter-caste marriage, are threatened with violence, or violence
is actually committed on them. In our opinion, such acts of violence or
threats or harassment are wholly illegal and those who commit them
must be severely punished. This is a free and democratic country, and
once a person becomes a major he or she can marry whosoever he/she
likes. If the parents of the boy or girl do not approve of such inter-caste
or inter-religious marriage the maximum they can do is that they can
cut off social relations with the son or the daughter, but they cannot
give threats or commit or instigate acts of violence and cannot harass
the person who undergoes such inter-caste or inter- religious marriage.
We, therefore, direct that the administration/police authorities
throughout the country will see to it that if any boy or girl who is a
major undergoes inter-caste or inter-religious marriage with a woman
or man who is a major, the couple are not harassed by any one nor
subjected to threats or acts of violence, and any one who gives such
threats or harasses or commits acts of violence either himself or at his
instigation, is taken to task by instituting criminal proceedings by the
police against such persons and further stern action is taken against
such persons as provided by law. We sometimes hear of `honour'
killings of such persons who undergo inter-caste or inter-religious
marriage of their own free will. There is nothing honourable in such
killings, and in fact they are nothing but barbaric and shameful acts of
murder committed by brutal, feudal minded persons who deserve harsh
punishment. Only in this way can we stamp out such acts of barbarism.
......The police at all the concerned places should ensure that neither the
petitioner nor her husband nor any relatives of the petitioner's husband
are harassed or threatened nor any acts of violence are committed
against them. If anybody is found doing so, he should be proceeded
against sternly in accordance with law, by the authorities concerned."
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7. In such circumstances, considering the judgment passed by the Hon'ble
Supreme Court in the case of Lata Singh (supra), this Court deems it
appropriate to dispose of this petition directing the Superintendent of Police,
Damoh/respondent No.3 to look into the matter and take appropriate steps for
providing protection to the petitioners for their safety of life and liberty.
8. With the aforesaid, this petition stands allowed and disposed off.
(B. P. SHARMA)
JUDGE
R
