Back
2019 Supreme(MP) 212
G.S. Ahluwalia, J.
Neelam (Smt.) v. Superintendent of Police, District Gwalior
Writ Petition No. 12221 of 2019 (G); Decided on 1.7.2019
L.P. Shrivastava for petitioners; P.S. Raghuvanshi, Government Advocate for respondents No. 1 and No. 2/State.
Headnote:
Constitution of India -- Art. 226 -- both petitioner major -- performed marriage voluntarily -- if protection is sought by petitioners against any harassment or intimidation -- same would be granted to them by respondent/police authorities on verifying factum of marriage and age. (2006) 5 SCC 475 followed. [Para 3]
Hkkjr dk lafo/kku & vuqPNsn 226 & nksuksa ;kph o;Ld & LosPN;k fookg fd;k & fdlh ÁrkM+uk vFkok vfHk=kl ds fo#) ;fn ;kphx.k }kjk laj{k.k dh bZIlk dh tk, & izR;FkhZx.k@iqfyl Ákf/kdkfj;ksa }kjk fookg rFkk vk;q dk lR;kiu djus ij Ánku dh tk,A ¼2006½ 5 ,l lh lh 475 vuqlfjrA ¼iSjk 3½
ORDER
1. The present petition under Article 226 of the Constitution of India, has been jointly filed by the petitioners, who are alleged to be of marriageable age based upon the date of birth, 18.3.2001 in case of petitioner No.1 and 8.7.1997 in case of petitioner No. 2 and both the petitioners are major and voluntarily, they have performed marriage on 22.6.2019 at Arya Vaidik Samaj Sanstha, Khidki Mohalla, Ganj, Gwalior. They are seeking a direction for grant of protection of life, liberty and dignity, which according to them, is under threat.
2. Both the petitioners have claimed themselves to be more than 18 years of age at the time of solemnization of marriage in question. Reliance has been placed on the decision of apex Court in the case of Lata Singh v. State of UP, reported in (2006) 5 SCC 475.
3. In view of the aforesaid, as it is the case of the petitioners that they are major and they have married each other as per their sweet will and are entitled to live their married life happily, without any interference by family members of any of the petitioners or respondents No. 3 and 4, this Court is of the considered opinion that in case, if protection is sought by the petitioners against any harassment or intimidation against their life, liberty and dignity arising out of the marriage solemnized by them, the same would be granted to them by the respondents/police authorities, on verifying the factum of marriage and age in accordance with law and in terms of decision of apex Court in the case of Lata Singh (supra).
4. With the aforesaid observation, this petition stands disposed of.
