RAJASTHAN HIGH COURT AT JAIPUR BENCH
P.K.Lohra, J.
Chauhan Heena & Anr. - Appellant
Versus
State of Rajasthan & Ors. - Respondent
S.B. Civil Writ Petition No. 9429 of 2013.
Decided On : 08-08-2013
Protection - Inter-caste Marriage - The court dismissed the petition seeking protection for an inter-caste married couple, emphasizing that apprehension about threat must be founded on specific facts and not mere conjectures and surmises.
Fact of the Case:
The petitioners sought protection against potential harm and interference in their matrimonial life, alleging disapproval from their parents and society. However, the court found the allegations of imminent threat to be vague and unspecific.
Finding of the Court:
The court dismissed the petition, stating that there was no merit in the case and declined to interfere at that stage. However, it allowed the petitioner-couple to seek protection from police authorities and administration in the event of any imminent threat in the future.
Issues: Allegations of imminent threat to the petitioners' life and limb, interference in their matrimonial life, and seeking appropriate protection.
Ratio Decidendi: The court emphasized that apprehension about threat must be based on specific facts and not mere conjectures and surmises. It referred to the case of Lata Singh v. State of U.P. & Anr., 2006(2) WLC (SC) Cri. 172 : 2006 Cr.L.J. 3312, which provided directions for inter-caste marriage protection.
Final Decision: The petition was dismissed, but the petitioner-couple was allowed to seek protection from police authorities and administration in the event of any imminent threat in the future.
*******
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.