The freedom to marry and live with anyone, illegality of harassment or threats in inter-caste marriages, and the duty of authorities to protect such couples.

ORDER

1. This petition under Article 226 of the Constitution of India has been filed seeking following relief:-

A. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to direct the Respondent No.1 to 3 to dwell upon the application of petitioner (Annexure P-3) and further provide police protection to petitioner and family members of husband.

B. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to provide Tansit Bail to the husband of the petitioner Govind Yadav for 15 days to appear before the court of Judicial Magistrate First Class, Surendranagar (Gujarat).

C. Any other relief as deemed fit and proper in the circumstances of this case, along with the cost of this writ petition be also awarded.

2. It is submitted that the petitioner is a major and has solemnized marriage with Govind Yadav on her own free will. The marriage was also been registered and the marriage registration certificate under the Special Marriage Act, 1954 has been issued. The marriage was registered on 10.09.2021. It is alleged that the parents of the petitioner being unhappy has got registered a case against the husband of the petitioner on which the warrant of arrest has been issued taking the aid of Section 97 of Cr.P.C. by the concerning Judicial Magistrate First Class on 17.11.2021. It is submitted that it is a totally false case, which has been registered against her husband as both being major have exercised their right of livelihood and have solemnized their marriage. It is argued that the Hon'ble Supreme Court has granted protection to such kind of inter-caste marriages; wherein, the parents being unhappy lodges false reports. He has placed reliance upon the judgment passed by the Supreme Court in the case of Lata Singh Vs. State of U.P. and Another reported in (2006) 5 SCC 475. It is submitted that the petitioner is ready and willing to move to the Court of learned Judicial Magistrate First Class, Surendranagar (Gujarat) for recording her statement and to demonstrate the fact that false case has been registered against her husband, but owing to the threatening and terror of the family members she is unable to do so; therefore, the present petition has been filed seeking police protection. The petitioner is ready to bear the expenses for providing the police protection. It is pointed out by the counsel for the petitioner that the next date for appearance before the learned Judicial Magistrate First Class, Surendranagar (Gujarat) is 01.04.2022.

3. Per contra, State counsel has vehemently opposed the petition stating that the criminal case is pending in the Court of learned Judicial Magistrate First Class, Surendranagar (Gujarat) and the petition has been filed in State of Madhya Pradesh; therefore, there is an objection regarding territorial to entertain the writ petition, but the fact remains that she is residing at Bhopal along with her husband and a false criminal case has been registered as alleged by her.

4. The Hon'ble Supreme Court in the case of Lata Singh (supra) has held asunder:-

This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law. Hence, we cannot see what offence was committed by the petitioner, her husband or her husband's relatives.

We are of the opinion that no offence was committed by any of the accused and the whole criminal case in question is an abuse of the process of the Court as well as of the administrative machinery at the instance of the petitioner's brothers who were only furious because the petitioner married outside her caste. We are distressed to note that instead of taking action against the petitioner's brothers for their unlawful and high-handed acts (details of which have been set out above) the police has instead proceeded against the peti