Madhya Pradesh High Court
Sakshi Chandel (Sakshi Pawar) vs The State Of Madhya Pradesh on 13 June, 2023
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 13th OF JUNE, 2023
WRIT PETITION No. 12457 of 2023
BETWEEN:-
1. SAKSHI CHANDEL (SAKSHI PAWAR) D/O
SHRI SHANKAR SINGH CHANDEL W/O
DEVANSH PAWAR, AGED ABOUT 23
YEARS, OCCUPATION: HOUSEWIFE
NEAR JANAK TAL A B ROAD , GWALIOR
(MADHYA PRADESH)
2. DEVANSH PAWAR S/O SHRI MADHUKAR
PAWAR, AGED ABOUT 29 YEARS,
OCCUPATION: BUSINESS NEAR JANAK
TAL A.B. ROAD (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ALOK KATARE - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY,
DEPARTMENT OF HOME, GOVERNMENT
OF M.P. MANTRALAYA, VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS
JAHANGIRABAD BHOPAL (MADHYA
PRADESH)
3. SUPERINTENDENT OF POLICE,
DISTRICT GWALIOR (MADHYA
PRADESH)
4. STATION HOUSE OFFICER POLICE
HEADQUARTERS THANA BAHODAPUR
(MADHYA PRADESH)
2
5. SHRI SHANKAR SINGH CHANDEL S/O
SHRI MANGAL SINGH CHANDEL R/O
CHANDEL MOHALLA GRAM PANCHAYAT
BAMHAURIKALA POST BAMHAURIKALA
THASIL PALERA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI R.S.KUSHWAHA - DEPUTY ADVOCATE GENERAL)
This petition coming on for admission this day, the court passed the
following:
ORDER
In this petition, the petitioners inter alia seek a direction to the respondents to provide protection to them.
Learned counsel for the petitioners submitted that the petitioners, who are major, have married each other on their own volition. For establishing the age of petitioners No.1 and no.2, mark-sheets and adhar- cards and documents have been produced. However, the respondents are harassing and victimizing the petitioners. It is further submitted that the instant petition may be disposed of with the direction to the Superintendent of Police, Gwalior to provide protection to the petitioners. In support of his submission, learned counsel for the petitioners has placed reliance on the decision in Lata Singh v. State of U.P. and another, (2006) 5 SCC 475 and in the case of Shakti Vahini Vs. Union of India and Others, 2018 (7) SCC 192.
On the other hand, learned Government Advocate for the State fairly submitted that in case petitioners approach the police authorities, suitable action in the matter shall be taken.
Taking into account the submissions made by learned counsel for the parties and as agreed to by them, the writ petition is disposed of with the direction to the Superintendent of Police, Gwalior to look into the 3 matter and take appropriate steps expeditiously for providing protection to the petitioners only, in view of the law laid down by the Supreme Court in Lata Singh and Shakti Vahini (supra). This protection is only to the petitioners regarding marriage and would be given subject to verification of age of both the petitioners as well as factum of marriage.
The petition stands disposed of.
It is made clear that this Court has not expressed any opinion with regard to validity of the marriage of the petitioners.
Certified copy as per rules.
(Anand Pathak) Judge Ashish* Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT ASHISH OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d 4de08c6bb9303e52e2e7e728d9bac85bd3, CHAURASIA pseudonym=CA2EA6EDDF504F8F9C2790FA9 A0FD201D0242B64, serialNumber=A926F3CBF979ECA6A4C477577 EEDBA3AB4F94593A930B98DAE1B0AD16F90B 5FD, cn=ASHISH CHAURASIA Date: 2023.06.16 11:25:32 -07'00'