SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2023 Supreme(Online)(MP) 3619

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK th ON THE 6 OF OCTOBER, 2023 WRIT PETITION No. 25236 of 2023 BETWEEN:- 1. SMT. RISHU PRAJAPATI W/O LOKPAL YADAV D/O MR. AJAY KUMAR PRAJAPATI, AGED ABOUT 22 YEARS, OCCUPATION: HOUSE WIFE R/O- 178 A DEEN DAYAL NAGAR KHATI BABA JHANSI (UTTAR PRADESH)

2. SHRI LOKPAL YADAV S/O SHRI NEPAL SINGH, AGED ABOUT 26 YEARS, OCCUPATION: PRIVET JOB R/O- 47 GRAM CHANDRAWRA POST DINARA THASIL KARERA (MADHYA PRADESH)

.....PETITIONER (BY SHRI AKHAND PRATAP SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE SUPERINTENDENT OF POLICE DISTRICT SHIVPURI (MADHYA PRADESH)

3. THE SUPERINTENDENT OF POLICE DISTRICT JHANSI (UTTAR PRADESH)

4. POLICE STATION KARERA SHIVPURI THR.

POLICE STATION IN CHARGE DISTRICT SHIVPURI (MADHYA PRADESH)

5. MR. AJAY KUMAR PRAJAPATI, AGED ABOUT 22 YEARS, R/O- 178 A DEENDAYAL NAGAR KHATI BADA (UTTAR PRADESH)

.....RESPONDENTS (BY SHRI M.S. JADOUN - GOVERNMENT ADVOCATE)

This petition coming on for hearing this day, the court passed the following:

Advocates:
Tapendra Sharma,Advocate General

ORDER

1. Petitioners are present in person before this court.

2 . In this petition, the petitioners inter alia seeking direction to the respondents to provide protection to them.

3. 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 no.2, adhar-cards and mark-sheets have been produced. However, the respondents 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, Gwalior and Superintendent of Police, Jhansi 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 4/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, Gwalior and Superintendent of Police, Jhansi 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.

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.

(ANAND PATHAK)

JUDGE Rashid

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top