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2016 Supreme(Raj) 276
IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Banwari Lal Sharma, J.
Smt. Taramani Kumari & Another – Petitioners
Versus
State of Rajasthan & Others – Respondents
Criminal Writ Petition No. 133 of 2015
Decided On : 05-01-2016
For the Petitioner:Mr. Dhoop Singh Poonia, Advocate.
For the Respondent:Mr. Rajendra Singh Raghav, Dy. Government Advocate.
The court emphasized the protection of life and liberty in the face of opposition to a marriage and directed the authorities to ensure necessary vigil to prevent harm to the petitioners and their family members.
Headnote:
Marriage - Protection of Life and Liberty - Court issues direction to protect newly married couple from opposition to marriage
Fact of the Case:
The petitioners, a newly married couple, filed a writ petition seeking protection as they feared danger to their life and liberty from those opposing their marriage.
Finding of the Court:
The court, after hearing the petitioners and considering the petition, held that nobody can take the law into their own hands simply because they do not accept a marriage. The court issued a direction to the DCP Jaipur (West) to ensure the safety of the petitioners and their family members from those opposing the marriage.
Issues: The main issue was the protection of the life and liberty of the newly married couple in the face of opposition to their marriage.
Ratio Decidendi: The court emphasized that no one can take the law into their own hands due to the unacceptability of a marriage and directed the authorities to ensure the safety of the petitioners and their family members.
Final Decision: The court disposed of the petition by issuing a direction to the DCP Jaipur (West) to ensure necessary vigil to protect the petitioners and their family members from harm by those opposing the marriage.
Banwari Lal Sharma, J.
1. The instant writ petition has been filed under Article 226 of the Constitution of India on behalf of the petitioners/newly married couple praying inter-alia that a direction be issued to the respondents to protect them as they apprehend danger to their life and liberty at the hands of those, who are opposing the marriage.
2. Newly married couple is present in person. They have been identified by Mr. Dhoop Singh Poonia.
3. Smt. Taramani Kumari, petitioner No.1, appearing in person stated that she is about 25 years of age. She further stated that she had performed marriage with petitioner No.2, viz., Sajjan Kumar, according to her own free will and accord and is living happily with him as a wife.
4. After hearing the learned counsel appearing for the petitioners, as well as learned Deputy Government Advocate and going through the contents of the instant petition, this court is of the view that nobody can be permitted to take law in his own hands merely because marriage is not acceptable.
5. Consequently, the present petition stands disposed of by issuing direction to the DCP Jaipur (West) to ensure necessary vigil that no harm is caused to the life and liberty of the petitioners and their family members at the hands of those, who are opposing the marriage.
The above said order has been passed without determining the age and validity of the marriage of petitioners on the ground that those, who are opposing the marriage, cannot cause harm to anybody.
