High CourtsSINGLE BENCH(2017) 02 RAJ CK 0026

Smt. Meenakshi W/o Shri Vinod Kumar vs The State of Rajasthan

Rajasthan High Court · Decided on 3 February 2017

HON’BLE JUDGES
Sangeet Lodha
RESULT
Dismissed
CASE NUMBER
1329 of 2017

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Judgment

29 paragraphs · 437 words
1.

This writ petition has been filed by the petitioners-Smt.

Meenakshi and Vinod Kumar, seeking direction to the police

authorities to provide protection to them.

2.

The petitioners both major alleged to have entered into

marriage on 20.1.17 at Arya Samaj, Rambagh Scheme,

Mahamandir, Jodhpur. In this regard, the petitioners have placed

on record the marriage certificate issued by the Arya Samaj,

Rambagh Scheme, Mahamandir, Jodhpur as Annexure-2.

3.

It is submitted that having come to know about the petitioners''

marriage, the private respondents are bent upon to harm and

harass the petitioners and are threatening of dire consequences.

Thus, the petitioners are under constant threat of violence of their

relatives.

4.

In the matter of '' Lata Singh vs. State of U.P '', reported in

2006 Cr.L.J. 3312, while dealing with a case of harassment by the

parents of the boy and girl, who had entered into inter-caste

marriage, the Hon''ble Supreme Court have issued directions to

the Administration /Police Authorities throughout the country in

the following terms:-

"This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter- caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harass or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."

5.

In view of the directions issued by the Hon''ble Supreme

Court in Lata Singh''s case (supra), the police authorities are under

an obligation to look into the grievances raised and take action, if

any required, in accordance with law. There is no reason to believe

that the grievances of the petitioners shall not be looked into by

the authorities concerned appropriately.

6.

No case for interference by this Court is made out.

7.

The writ petition is dismissed with the observations as

above.