The court upheld the right of a major, well-educated woman to live with her husband as per her own desire and directed police protection based on her expressed need.

Headnote:
Police Protection - Marriage - The court allowed the application and directed that the woman be allowed to go and live with her husband, providing police protection for their safety.
Fact of the Case:

Mst. Neeru Sharma, a 24-year-old woman who appeared in B.A. (Final) Examination, admitted to marrying Sanjay Kumar Sharma and expressed her desire to live with him, seeking police protection.
Finding of the Court:

The court found that as Mst. Neeru Sharma is a major and well-educated, she is free to live as per her own desire and understands her welfare. Therefore, the court allowed the application and directed police protection for the couple.
Issues: The issue revolved around the woman's desire to live with her husband and the need for police protection due to the circumstances.
Ratio Decidendi: The court considered the woman's age, education, and desire, and based on these factors, allowed the application and directed police protection for the couple.
Final Decision: The petition was allowed, and the court directed that Mst. Neeru Sharma be allowed to go and live with her husband Sanjay Kumar Sharma, with police protection provided by the concerned Station House Officers.

JUDGMENT

1. Mst. Neeru Sharma was produced before us by the Station House Officer, Police Station Kekri. On the request of the parties the matter was taken up in the chambers. Wishes of Mst. Neeru was obtained. She states that she is 24 year old and this year she appeared in B.A. (Final) Examination. She also admits to have married with petitioner Sanjay Kumar Sharma. She also admits that she has written letter Ex. 3. She desires to live with Sanjay Kumar Sharma and wants police protection.

2. As Mst. Neeru Sharma is major, she is free to live as per her own desire. She is well educated and as such she also understands he welfare. In view of her age and desire, we allow this application and direct that Mst. Neeru Sharma be allowed to go and live with her husband Sanjay Kumar Sharma. The Station House Officer, Police Station, Kekri is present. He is directed to provide protection to Mst. Neeru Sharma and her husband Sanjay Kumar Sharma upto the destination i.e. Ajmer where they want to go and live. The SHO, Police Station Ramganj Ajmer is also directed to provide protection of life and property to Mst. Neeru and her husband Sanjay Kumar Sharma. Copy of this order be sent to the concerned Station House Officer.

3. The petition stands disposed of as indicated above.Petition allowed.

*******

Click Here to Read the rest of this document

1996 Supreme(Raj) 1113

RAJASTHAN HIGH COURTN.L.Tibrewal, Shiv Kumar Sharma, JJ.Smt. Neeru Sharma through Husband Sanjay Sharma - AppellantVersusState of Rajasthan & Ors. - RespondentD.B. Civil Habeas Corpus Petition No. 2898 of 96.Decided On : 09-07-1996

The court upheld the right of a major, well-educated woman to live with her husband as per her own desire and directed police protection based on her expressed need.

Login now and unlock premium legal research

RAJASTHAN HIGH COURT
N.L.Tibrewal, Shiv Kumar Sharma, JJ.
Smt. Neeru Sharma through Husband Sanjay Sharma - Appellant
Versus
State of Rajasthan & Ors. - Respondent
D.B. Civil Habeas Corpus Petition No. 2898 of 96.
Decided On : 09-07-1996