Rajasthan High Court - Jodhpur
Leela Kumari & Anr. vs . State Of Rajasthan & Ors. on 17 December, 2014
Author: Sangeet Lodha
Bench: Sangeet Lodha
1
Leela Kumari & Anr. Vs. State of Rajasthan & Ors.
(S. B. CIVIL WRIT PETITION NO.9479/14)
Date of Order : 17.12.14
HON'BLE MR. JUSTICE SANGEET LODHA
Mr. Vijay Purohit, for the petitioners.
1. Heard.
2. This writ petition has been filed by the petitioners-Leela Kumari and Bheraram, seeking direction to the police authorities to provide protection to them and not to interfere with their peaceful married life.
3. The petitioners both major alleged to have entered into marriage on 11.12.14. In this regard, the petitioners have sworn in their affidavits regarding mutual agreement of marriage. It is submitted that having come to know about the petitioners' marriage, the family members of petitioner no.1 are bent upon to harm and harass the petitioners and are threatening of dire consequences.
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-2
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 by the petitioners 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 seriously.
6. No case for interference by this Court is made out at this stage.
7. The writ petition is dismissed with the observations as above.
(SANGEET LODHA), J.
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