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2024 Supreme(Online)(MP) 15958
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE ANAND PATHAK, J
Smt. Shivkumari Sharma – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 8081/2024
Sushil Goswami,Advocate General
The court affirmed the right to protection for individuals in consensual marriages against familial harassment, referencing established legal precedents.
Headnote:(A) Constitution of India - Right to Life and Personal Liberty - The court addressed the need for protection of individuals in consensual marriages against harassment from family members. (Paras 1, 2, 5)
(B) Legal Precedents - The court relied on the principles established in Lata Singh v. State of U.P. and Shakti Vahini Vs. Union of India regarding the protection of individuals in inter-caste marriages. (Paras 2, 5)
Facts of the case:
The petitioners, who are major, married each other voluntarily but faced harassment from family members. They sought police protection.
Findings of Court:
The court directed the Superintendent of Police, Guna, to provide protection to the petitioners, subject to verification of their ages and marriage.
Issues: The main issues included the need for police protection for the petitioners and the verification of their marriage and ages.
Ratio Decidendi: The court emphasized the importance of protecting individuals in consensual marriages from familial harassment, referencing established legal precedents.
Result: Writ petition disposed of with directions for protection.
1 . In this petition, the petitioners inter alia seeking direction to the respondents to provide protection to them.
2. Learned counsel for the petitioners submitted that the petitioners, who are major, have married each other on their own volition. For establishing the age of petitioners No.1 and petitioner no.2, adhar-cards, mark-sheets have been produced. However, family members of petitioner No.1 are harassing and victimizing the petitioners. It is further submitted that the instant petition may be disposed of with the direction to the Superintendent of Police, Guna to provide protection to the petitioners. In support of his submission, learned counsel for the petitioners has placed reliance on the decision in Lata Singh v. State of U.P. and another, (2006) 5 SCC 475 and in the case of Shakti Vahini Vs. Union of India and Others, 2018 (7) SCC 192 .
4. On the other hand, learned Government Advocate for the respondents No.1 to 3/State fairly submitted that in case petitioners approach the police authorities, suitable action in the matter shall be taken.
5. Taking into account the submissions made by learned counsel for the parties and as agreed to by them, the writ petition is disposed of with the direction to the Superintendent of Police, Guna to look into the matter and take appropriate steps expeditiously for providing protection to the petitioners only, in view of the law laid down by the Supreme Court in Lata Singh and Shakti Vahini (supra). This protection is only to the petitioners regarding marriage and would be given subject to verification of age of both the petitioners as well as factum of marriage. Petitioners shall live peacefully without causing any embarrassment/harassment to each other.
6. The petition stands disposed of accordingly.
7. It is made clear that this Court has not expressed any opinion with regard to validity of the marriage of the petitioners.
Certified copy as per rules.
