[Cites 4, Cited by 0]
Rajasthan High Court - Jodhpur
Muskan Patidar vs The State Of Rajasthan ... on 2 April, 2026
[2026:RJ-JD:15071]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1306/2026
1. Muskan Patidar W/o Dharmesh Bujh, Aged About 18
Years, D/o Gajendra Patidar, Resident Of Punali,
Dungarpur, Rajasthan, At Present Residing At Ward
No.10, Wada Punali, District Dungarpur.
2. Dharmesh Bujh S/o Roop Lal Bujh, Aged About 22 Years,
Resident Of Ward No.10, Wada Punali, District Dungarpur.
----Petitioners
Versus
1. The State Of Rajasthan, Through Chief Secretary, Ministry
Of Home Affairs, Jaipur
2. The Superintendent Of Police, Dungarpur
3. The Station House Officer Of Police Station, Dowda,
District Dungarpur
4. Jamna Patidar W/o Gajendra Patidar, Resident Of Punali,
Police Station Dowda, District Dungarpur, Rajasthan
5. Gajendra Patidar, S/o Not Known, Resident Of Punali,
Police Station Dowda, District Dungarpur, Rajasthan,
6. Chetan S/o Jeeta, Resident Of Punali, Police Station
Dowda, District Dungarpur, Rajasthan
7. Dheeraj S/o Shiv Lal,, Resident Of Punali, Police Station
Dowda, District Dungarpur, Rajasthan
8. Chetan S/o Shiv Lal,, Resident Of Punali, Police Station
Dowda, District Dungarpur, Rajasthan
9. Rakesh S/o Lalji, Resident Of Manpur, Police Station
Dowda, District Dungarpur, Rajasthan
10. Dinesh S/o Madhav Ji, Resident Of Manpur, Police Station
Dowda, District Dungarpur, Rajasthan
11. Vivek Patidar, S/o Not Known, Resident Of Manpur, Police
Station Dowda, District Dungarpur, Rajasthan
12. Santosh S/o Madhav Ji, Resident Of Manpur, Police
Station Dowda, District Dungarpur, Rajasthan
13. Amit S/o Rajesh, Resident Of Manpur, Police Station
Dowda, District Dungarpur, Rajasthan
14. Rekha S/o Rakesh, Resident Of Manpur, Police Station
Dowda, District Dungarpur, Rajasthan.
15. Vijay Lal S/o Bhagwan Ji, Resident Of Manpur, Police
Station Dowda, District Dungarpur, Rajasthan
16. Rameela W/o Shiv Lal, Resident Of Manpur, Police Station
Dowda, District Dungarpur, Rajasthan
17. Rattan Ji S/o Kachru, Resident Of Manpur, Police Station
Dowda, District Dungarpur, Rajasthan
18. Lochan Patidar, S/o Not Known, Resident Of Surpur, Police
Station Sadar, District Dungarpur.
19. Manju W/o Prabhu Lal, Resident Of Surpur, Police Station
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[2026:RJ-JD:15071] (2 of 3) [CRLW-1306/2026]
Sadar, District Dungarpur
20. Prabhu Lal S/o Prem Ji, Resident Of Surpur, Police Station
Sadar, District Dungarpur
21. Kamlesh S/o Jeeva, Resident Of Punali, Police Station
Dowda, District Dungarpur.
----Respondents
For Petitioner(s) : Mr. Abhimanyu Singh Ranawat
Mr. Ravindra Singh
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
02/04/2026
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.4 to 21.
3. The documents pertaining to 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].
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[2026:RJ-JD:15071] (3 of 3) [CRLW-1306/2026]
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
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, Dungarpur
for ventilation of their grievances.
6. In case the petitioners move any such application, it is
expected from the concerned Superintendent of Police, Dungarpur
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.
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.
(SANDEEP SHAH),J
40-charul/-
(Uploaded on 02/04/2026 at 05:54:13 PM)
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