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RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Pooja Meghwal - Appellant
Versus
State of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 13774/2021
Decided On : 30-09-2021
POLICE PROTECTION - MARRIAGE - The court addressed the need for police protection for petitioners who married of their own will amidst threats from family members. It emphasized the right to life and liberty, directing petitioners to seek assistance from local authorities while clarifying that the order does not validate their marriage or age, nor does it influence any ongoing legal proceedings against them.
Fact of the Case:
The petitioners, both of legal age, married each other voluntarily but faced threats from the family of petitioner No.1 due to their marriage.
Finding of the Court:
The court acknowledged the petitioners' concerns for their safety and suggested they approach the Superintendent of Police for protection, while clarifying that the order does not validate their marriage or age.
Issues: Whether the petitioners are entitled to police protection due to threats from family members following their marriage.
Ratio Decidendi: The court recognized the right to life and liberty under threat and the necessity for police intervention, while maintaining that the order does not serve as proof of marriage or age.
Result: The writ petition was disposed of with directions for the petitioners to seek police protection through appropriate channels.
JUDGMENT
This writ petition has been filed by the petitioners with the following prayers :-
(i) The respondent-authorities be directed to provide Police protection to the petitioners.
(ii) The respondents may kindly be directed to record the statements of the petitioner No.1 and take the documents on record of marriage and photographs.
(iii) Such other and further order/orders as this Hon'ble Court may deems fit and proper in the facts and circumstances of the present case and in the interest of justice.
Learned counsel for the petitioners has submitted that the petitioners are major and as per their own will, they have married to each other but the family members of the petitioner No.1 are annoyed with their marriage and have threatened them with dire consequences, therefore, adequate police protection be provided to the petitioners.
After considering the arguments advanced by learned counsel for the petitioners and after taking into consideration the facts and circumstances of the case, this Court is of the opinion that if the petitioners are having any apprehension regarding their lives and liberty from the relatives of the petitioner No.1, they may move appropriate representation before the Superintendent of Police, Bikaner narrating their grievance. It is expected that if any such representation is moved on behalf of the petitioners, the Superintendent of Police, Bikaner shall consider the same and after analysing the threat perception, if required so, may pass necessary orders.
It is made clear that this order is not a proof of age and the marriage of the petitioners and any observations made in this order shall not affect any criminal and civil proceedings initiated against the petitioners at the instances of their relatives.
With these observations this writ petition is disposed of. Stay petition also stands disposed of.
The court's decision emphasized the limited scope of its order and the need for the petitioners to approach the Superintendent of Police, Bikaner for their apprehensions, while clarifying that its or....
Mere apprehensions of danger are not sufficient to warrant police protection.
The court's decision focused on addressing the apprehended threat to the petitioners' lives and liberty without making any determination on the validity of their marriage.
The court's decision focused on addressing genuine threats to lives and liberty without making determinations on the validity of marriage.
The court can issue a mandamus directing the police to provide necessary protection to individuals facing harassment and interference in their married life.
Any person of the age of majority is entitled to marry according to their choice, and the police department is duty bound to protect their life and liberty if approached.
The court's decision emphasized the importance of providing protection to interfaith married couples facing threats and harassment.
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