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2024 Supreme(Online)(MP) 13524
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE ANAND PATHAK, J
Himanshi Shakya D/O Shri Pappu Shakya – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 7724/2024
Lalan Mishra,Advocate General
The court emphasized the right to protection for individuals in voluntary marriages facing harassment, subject to verification of age and marriage status.
Headnote:(A) Constitution of India - Protection of Rights of Married Individuals - The court directed the Superintendent of Police to provide protection to petitioners who married voluntarily, amidst harassment from family members. The court emphasized the need for verification of age and marriage status. (Paras 3, 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 3, 5)
Facts of the case:
Petitioners, who are major, married each other voluntarily and sought police protection due to harassment from family members. They provided Aadhar cards to establish their age.
Findings of Court:
The court ordered the Superintendent of Police to take appropriate steps for the protection of the petitioners, subject to verification of their age and marriage.
Issues: The main issues addressed were the need for police protection for the petitioners and the verification of their age and marriage.
Ratio Decidendi: The court reaffirmed the necessity of police protection for individuals in voluntary marriages facing familial harassment, referencing established legal precedents.
Result: Petition disposed of with directions for protection.
1. Petitioners are present in person before this court. 2 . In this petition, the petitioners inter alia seeking direction to the respondents/authority 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 have been produced. However, members of the family of petitioner No.1 are harassing and victimizing the petitioners. It is further submitted that instant petition may be disposed of with the direction to the Superintendent of Police, Gwalior to provide protection to the petitioners. Petitioners further undertake to live peacefully with each other. 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, this writ petition is disposed of with the direction to the Superintendent of Police, Gwalior 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 (supra) 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.
