Sital Raju Jadhav and Another vs State of Haryana and Others

S.S. Saron, J.—The petitioners are a newly married couple. They pray for directing respondents No. 1 and 2 to protect their life and liberty as they apprehend danger from respondents No. 3 and 4 who are the father and brothers respectively of petitioner No. 1.

Both the petitioners are major. The date of birth of petitioner No. 1 as per her Secondary School certificate (Annexure-P. 1) issued by the Maharashtra State Board of Secondary and Higher Secondary Education, Pune is 12.2.1987 and that of petitioner No. 2 as per his Matriculation examination certificate (Annexure-P.2) issued by the Board of School Education Haryana is 1.3.1982. The petitioner No. 1, it is stated in Court, is working as a Constable with the Central Industrial Security Force (CISF). She has since 2008 been staying in CISF Colony, NFL, Panipat. Petitioner No. 2 is doing private service at Chheena Exports Panipat. The petitioners came to know each other and decided to solemnize their marriage amongst themselves. Petitioner No. 2 approached the father (respondent No. 3) and brother (respondent No. 4) of petitioner No. 1 to get their consent. However, respondents No. 3 and 4 were against their marriage as it was outside their caste. They threatened the petitioners with dire consequences. Both the petitioners, therefore, decided to solemnize their marriage amongst themselves. Accordingly, on 6.2.2010 the petitioners solemnized their marriage at Hanuman Mandir, Sector 40-B, Chandigarh. A copy of the marriage certificate (Annexure-P.3) regarding the solemnization of marriage issued by Adhyatmik Arya Samaj Mission, Chandigarh has been placed on record. The photographs (Annexure-P.4) of the ceremonies of marriage have also been placed on record. On account of the marriage that has been solemnized the petitioners apprehend danger to their life and liberty from respondent No. 3 and 4. Petitioner No. 1 also submitted an application dated 19.3.2010 (Annexure-P.5) to Superintendent of Police, Panipat (respondent No. 1) informing him regarding solemnization of the marriage amongst the petitioners on 16.3.2010. It was prayed that their life and liberty be protected and their matrimonial life be not disturbed at the behest of the parents of petitioner No. 1. Despite the said application it is submitted that the threat to the petitioners persists.

Both the petitioners are present in Court and are identified by their counsel. It is stated by petitioner No. 1 that she has solemnized her marriage with petitioner No. 2 of her own free will and desire and without any kind of pressure or undue influence. Besides, she is happy with her marriage.

In the afore-noticed facts and circumstances, the present criminal miscellaneous petition is disposed of with a direction to respondents No. 1 and 2 that in case the petitioners approach any of them setting out their grievances as have been made in the present petition the same shall be duly considered and looked into by them independently and in accordance with law.