Rajasthan High Court - Jaipur
Suman Bai And Ors vs State Of Rajasthan And Ors on 16 February, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Writ No. 145 / 2018
1. Suman Bai, D/o- Mr. Khairati Lal Meena, W/o- Shri Ram Meena,
B/c- Meena, Aged About 22 Years, R/o Karanpura, Alwar, Rajgarh,
Raj.
2. Shri Ram Meena, S/o- Khyali Ram Meena, B/c- Meena, Aged
About 24 Years, R/o Karanpura, Alwar, Rajgarh, Raj.
----Petitioners
Versus
1. State of Rajasthan Through PP.
2. S.P. District Alwar, Rajasthan.
3. Station House Officer, Police Station Raini, Alwar.
4. Basnti Lal Meena, W/o- Late Kharati Lal Meena, B/c- Meena,
Aged About 50 Years, R/o- 26, Bairava Mohalla Toda Gyan Singh
Rajgarh, Alwar, Raj.
5. Rajesh Meena, S/o- Kharati Lal Meena, B/c- Meena, Aged About
50 Years, R/o- 26, Bairava Mohalla Toda Gyan Singh Rajgarh,
Alwar, Raj.
6. Chirangi Meena, S/o- Kharati Lal Meena, B/c- Meena, Aged
About 50 Years, R/o- 26, Bairava Mohalla Toda Gyan Singh
Rajgarh, Alwar, Raj.
7. Ramakant Meena, S/o- Kharati Lal Meena, B/c- Meena, Aged
About 50 Years, R/o- 26, Bairava Mohalla Toda Gyan Singh
Rajgarh, Alwar, Raj.
8. Jitendra Meena, S/o- Kharati Lal Meena, B/c- Meena, Aged
About 50 Years, R/o- 26, Bairava Mohalla Toda Gyan Singh
Rajgarh, Alwar, Raj.
9. Balram Meena, S/o- Kharati Lal Meena, B/c- Meena, Aged About
50 Years, R/o- 26, Bairava Mohalla Toda Gyan Singh Rajgarh,
Alwar, Raj.
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Deepesh Sharma For Respondent(s) : Mr. Jitendra Shrimali, A.G.A.
(2 of 3) [CRLW-145/2018] HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order 16/02/2018 The instant Writ petition has been filed under Article 226 of the Constitution of India on behalf of the petitioners/newly married couple who are stated to be major, claiming that they have married against the wishes of their parents. They seek protection to their life and liberty as they apprehend danger to their life and the liberty at the hands of those, who are opposing the marriage.
Newly married couple is present in person they have been identified by Mr. Deepesh Sharma, Advocate.
Ms. (Suman Bai) petitioner No. 1 appearing in person stated that she is major. She further stated that she had performed marriage with petitioner No. 2 viz., (Ram Meena) according to her own free will and accord and is living happily with him as a wife.
After hearing the learned counsel appearing for the petitioners, as well as learned Additional Government Advocate and going through the contents of the instant petition, this court is of the view that in this case, this court is neither to decide about the validity of the marriage between the petitioners nor to decide their age. This court is of the view that no body can be permitted to take law in his own hands merely because marriage is not acceptable. Therefore, without commenting on the validity of the marriage between the petitioners and determining their age, the petitioners are found entitled to protection of their life and liberty.
(3 of 3) [CRLW-145/2018] Consequently, present petition stands disposed of by issuing a direction to the SHO, P.S. Raini, District Alwar to ensure necessary vigil that no harm is caused to the life and liberty of the petitioners and their family members at the hands of those, who are opposing the marriage. However, this order shall not be constitute as recognition of validity of marriage between the parties and is issued without determining the age of petitioners on the ground that those, who are opposing the marriage, cannot cause harm to anybody.
(BANWARI LAL SHARMA)J. S. Kumawat/85