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2024 Supreme(Online)(MP) 16736
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE ANAND PATHAK, J
Smt. Nisha Rajput – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 11421/2024
Deependra Singh Kushwah,Advocate General
The court emphasized the right to protection for individuals in consensual marriages against familial harassment, subject to verification of age and marriage.
Headnote:(A) Constitution of India - Protection of Women from Domestic Violence Act, 2005 - The petitioners, having married of their own volition, sought protection from harassment by family members. The court directed the Superintendent of Police to provide protection, emphasizing the need for verification of age and marriage. (Paras 3, 5)
(B) Legal Principles - The court reaffirmed the principles established in Lata Singh v. State of U.P. and Shakti Vahini Vs. Union of India regarding the protection of individuals in consensual marriages against familial harassment. (Paras 3, 5)
Facts of the case:
The petitioners, who are major, married each other voluntarily and faced harassment from family members of one petitioner. They sought police protection.
Findings of Court:
The court directed the Superintendent of Police to ensure protection for the petitioners, subject to verification of their ages and marriage.
Issues: The main issues were the need for protection against familial harassment and the verification of the petitioners' ages and marriage.
Ratio Decidendi: The court held that protection should be provided to individuals in consensual marriages, as established in prior judgments, while ensuring verification of their ages and marriage.
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, mark-sheets 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, Shivpuri 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, Shivpuri 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.
