Ravina Prajapat vs State Of Rajasthan (2025:Rj-Jd:26867)
2025 Latest Caselaw 2838 Raj

Rajasthan High Court - Jodhpur

Ravina Prajapat vs State Of Rajasthan (2025:Rj-Jd:26867) on 6 June, 2025

[2025:RJ-JD:26867]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 1631/2025

1.       Ravina Prajapat D/o Siya Ram, Aged About 22 Years, R/o
         Kumharo Ka Bas, Mori Joshiyan, Police Station Luni,
         Jodhpur, Rajasthan At Present Chakaniya Ki Dhani,
         Hanuman Nagar, Jhalamand, Jodhpur.
2.       Sumer S/o Labu Ram,, Aged About 23 Years, R/o
         Chakaniya     Ki       Dhani,     Hanuman           Nagar,   Jhalamand,
         Jodhpur.
                                                                    ----Petitioners
                                     Versus
1.       State Of Rajasthan, Through Chief Secretary, Department
         Of Home Affairs, Jaipur.
2.       Commissioner Of Police, Jodhpur.
3.       Station House Officer, Police Station Kudi District Jodhpur.
4.       Siya Ram S/o Asharam, Aged About 50 Years, R/o
         Kumharo Ka Bas, Mori Joshiyan, Police Station Luni,
         Jodhpur, Rajasthan.
5.       Dilip S/o Siya Ram, Aged About 24 Years, R/o Kumharo
         Ka Bas, Mori Joshiyan, Police Station Luni, Jodhpur,
         Rajasthan.
                                                                  ----Respondents


For Petitioner(s)           :    Mr. Jaidev Singh
For Respondent(s)           :    Mr. Lalit Kishore Sen, PP



HON'BLE MR. JUSTICE SANDEEP SHAH (VACATION JUDGE)

Order

06/06/2025

1. The criminal writ petition has been preferred by the

petitioners under Article 226 of the Constitution of India seeking a

direction to be provided with adequate security and protection.

The petitioners, both being major persons, claim to have

solemnized their marriage out of their own free will through a love

[2025:RJ-JD:26867] (2 of 3) [CRLW-1631/2025]

marriage. They submit that the marriage was performed against

the wishes of their parents, and thus, they feel a threat to their

lives at the hands of respondents nos.4 & 5.

2. The documents pertaining to the age of the petitioners and

the marriage ceremony performed between them have been

placed on record. The petitioners, who are major and having

solemnized their marriage voluntarily, cannot be denied protection

of their life and liberty, since it is a fundamental right of every

citizen as guaranteed under Article 21 of the Constitution of India.

This position has been clearly affirmed by the Hon'ble Apex Court

in S. Khushboo Vs. Kanniammal [(2010) 5 SCC 600], Joseph

Shine Vs. Union of India [(2019) 3 SCC 39], and Lata Singh Vs.

State of U.P. [AIR 2006 SC 2522].

3. Thus, taking cue from the proposition of law set forth by the

Hon'ble Supreme Court in a catena of judgments and in order to

protect the fundamental rights of the petitioners guaranteed under

the Constitution, the prayer made by the petitioners to provide

protection to them deserves to be accepted.

4. This Court, in exercise of its writ jurisdiction, is not inclined

to examine the legal validity or otherwise of the marriage of the

petitioners and therefore does not render any opinion on the

same. However, this petition is disposed of with liberty to the

petitioners to approach the Commissioner of Police, Jodhpur for

ventilation of their grievances.

5. In case the petitioners move any such application, it is

expected from the concerned Commissioner of Police, Jodhpur to

take necessary action, after verifying the facts, to ensure that the

petitioners are not illegally hindered in enjoying a peaceful

[2025:RJ-JD:26867] (3 of 3) [CRLW-1631/2025]

married life and their liberty by the private respondents who may

be opposing the marriage. Thus, the petition is allowed.

6. However, it is made clear that this order shall not affect any

civil/criminal proceedings, if any, pending or arising out of the

present matter.

7. The criminal writ petition is accordingly disposed of.

(SANDEEP SHAH (VACATION JUDGE)),J 125-divya/-

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