Citation : 2026 Latest Caselaw 4996 Raj
Judgement Date : 1 April, 2026
[2026:RJ-JD:14870]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1280/2026
1. Smt. Bhumika W/o Manish Kumar, Aged About 25 Years,
D/o Shri Bhopal Singh, R/o Surajpol, Manawaton Ka Baas,
Mada, District Pali, Rajasthan. 306702
2. Manish Kumar S/o Shri Amri Lal, Aged About 24 Years, R/
o Kalbi Vas, Marol, Sirohi, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Home Ministry,
Secretariat, Jaipur, Rajasthan.
2. The Director General Of Police, Police Headquarters,
Jaipur, Rajasthan.
3. The Superintendent Of Police, Sirohi, Rajasthan.
4. The Station House Officer, Police Station Deodar, District
Sirohi, Rajasthan.
5. Bhopal Singh S/o Prem Singh, R/o Surajpol, Manawato Ka
Baas, Mada, District Pali, Rajasthan. 306702
6. Manoj Singh S/o Bhanwar Singh, R/o Surajpol, Manawato
Ka Baas, Mada, District Pali, Rajasthan. 306702
7. Arvind Singh S/o Bhanwar Singh, R/o Surajpol, Manawato
Ka Baas, Mada, District Pali, Rajasthan.306702
8. Kiran Singh S/o Vaktawar Singh, R/o Surajpol, Manawato
Ka Baas, Mada, District Pali, Rajasthan.306702
9. Mahendra Singh S/o Vaktawar Singh, R/o Surajpol,
Manawato Ka Baas, Mada, District Pali, Rajasthan.
306702
10. Ashok Singh S/o Vaktawar Singh, R/o Surajpol, Manawato
Ka Baas, Mada, District Pali, Rajasthan. 306702
11. Bhanwar Singh S/o Guman Singh, R/o Mataji Nagar, Sojat
Road, District Pali, Rajasthan.
12. Bharat Singh S/o Guman Singh, R/o Mataji Nagar, Sojat
Road, District Pali, Rajasthan.
13. Prakash Singh S/o Prem Singh, R/o Surajpol, Manawato
Ka Baas, Mada, District Pali, Rajasthan. 306702
----Respondents
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[2026:RJ-JD:14870] (2 of 3) [CRLW-1280/2026]
For Petitioner(s) : Mr. Mahipal Singh for
Mr. Mahip Singh
For Respondent(s) : Mr. Narendra Chundawat, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
01/04/2026
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.
2. The petitioners, both being major persons, claim to have
solemnized their marriage out of their own free will through a love
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 respondent nos.5. to 13.
3. 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].
4. 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
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[2026:RJ-JD:14870] (3 of 3) [CRLW-1280/2026]
the Constitution, the prayer made by the petitioners to provide
protection to them deserves to be accepted.
5. 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 Superintendent of Police, Sirohi for
ventilation of their grievances.
6. In case the petitioners move any such application, it is expected
from the concerned Superintendent of Police, Sirohi to take
necessary action, after verifying the facts, to ensure that the
petitioners are not illegally hindered in enjoying a peaceful
married life and their liberty by the private respondents who may
be opposing the marriage. Thus, the petition is allowed.
7. 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.
8. The criminal writ petition is accordingly disposed of.
(SANDEEP SHAH),J 39-raoof khan/-
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