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2025 Supreme(Online)(Raj) 19600
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SUDESH BANSAL, J
Smt. Gulshan Daughter Of Shri Prakash, Wife Of Shri Amit Kumar Khordiya – Appellant
Versus
State Of Rajasthan – Respondent
Criminal Writ Petition No. 771/2025
For the Appellants/Petitioners: Mr. Arun Kumar Sharma
For the Respondents: Ms. Manju Dave, PP
Protection of life and liberty of married couples under Article 21 does not require validation of the marriage by the court.
Headnote:(A) Constitution of India - Article 21 - Right to life and liberty - Petitioners, a married couple, sought protection from harassment by private respondents due to their marital status - Citing judgments from Apex Court, Court directed petitioners to approach designated Nodal Officer for security, affirming their right to protection - Legality of marriage not examined. (Paras 4, 5, 6)
(B) Jurisdiction - The court, whilst protecting fundamental rights under Article 21, refrained from validating the marriage or legitimizing the relationship of the petitioners but emphasized the protection of life and liberty guaranteed by the Constitution. (Paras 5, 6, 7)
| Table of Content |
|---|
| 1. petitioners seek protection from harassment. (Para 1 , 2) |
| 2. apex court's directives govern the situation. (Para 4 , 5) |
| 3. court emphasizes necessity of state action for security. (Para 6) |
| 4. court clarifies order does not affect ongoing proceedings. (Para 7) |
Order
24/06/2025
1. The defects pointed out by the Office stands waived in view of the fact that petitioners have already submitted a Representation before the Nodal Officer seeking protection, which has not been decided.
2. Petitioners have preferred instant petition for issuance of necessary directions to official-respondents to provide adequate security and protection to them on the ground that they are facing grave threat of their life and liberty at the hands of private respondents.
3. Counsel for petitioners submits that petitioners are major and enterered into registered marriage and in order to live happily and peacefully, they are seeking protection qua private respondents, who are not happy with the relationship of petitioners.
4. Pursuant the judgment of the Apex Court in case of Navtej Singh Johar v. Union of India [ (2018)10 SCC 1 ] and of this court in Bajrang Lal Sharma v. State of Rajasthan , SB Cr. Miscellaneous Petition No.2/2019 decided on 4-1-2019, the State Government through Director General of Police issued a Circular dated 18-1-2019 and appointed Nodel Officer at every Police Station in the state of Rajasthan for ventilation of grievances of newly married couple, including for adequate protection. Life and liberty is fundamental right of every citizen being part of Article 21 of the Constitution of India , petitioners deserve protection of their life and liberty in accordance with law.
5. In view of above, however, this Court in exercise of its writ jurisdiction is not inclined to enter into examining the validity of marriage/ legality of relationship of parties, therefore does not render any affirmation of legality and validity of the status of parties, under which they are living together, but keeping in mind the proposition of law set forth by the Apex Court in catena of judgments and in order to protect fundamental rights of parties for their life and liberty, guaranteed under the Constitution, this petition is disposed of with liberty to petitioners to approach the concerned Nodal Officer for ventilation of their grievances.
6. In case petitioners move any application, it is expected from the concerned Nodal Officer to take necessary action for not allowing to illegally hinder in peaceful life and liberty of petitioners by private respondents, who are not agreeable to the relationship of petitioners, but after verifying the fact, if required.
7. However, it is made clear that this order will not affect the civil/ criminal proceedings, if any, in the present matter.
8. Stay application and other pending application(s), if any stand disposed of.
