Rajasthan High Court - Jodhpur
Bhagwan Joshi & Anr vs State & Ors on 25 January, 2017
Author: Sangeet Lodha
Bench: Sangeet Lodha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Civil Writ Petition No. 1000 / 2017
1. Bhagwan Joshi S/o Shri Champa Lal Joshi, Aged About 23
Years, by Caste Brahmin, resident of Brahmano Ka Bas, Village
Nimbola Biswan, Tehsil Riya Badi, District Nagaur (Raj.)
2. Smt. Jyoti W/o Shri Bhagwan Joshi and daughter of Shri
Parmeshwar Tiwari, Aged About 19 Years, by Caste
Brahmin,resident of Chirag Gali, Near Kalyan Bhawan, Itwara,
Tehsil and District Nanded (Maharashtra)
----Petitioners
Versus
1. The State of Rajasthan through Secretary, Home Department,
Govt. of Rajasthan, Secretariat, Jaipur (Raj.).
2. Superintendent of Police, District Nagaur through Government
Advocate, Rajasthan High Court, Jodhpur (Raj.).
3. Station House Officer, Police Station Thanwla, District Nagaur
(Raj.).
4. Shri Parmeshwar Tiwari S/o Shri Ram Kishan Ji, by Caste
Brahmin, resident of Chirag Gali, Near Kalyan Bhawan, Itwara,
Tehsil and District Nanded (Maharashtra).
5. Deepak Tiwari S/o Shri Parmeshwar Tiwari, by Caste Brahmin,
resident of Chirag Gali, Near Kalyan Bhawan, Itwara, Tehsil and
District Nanded (Maharashtra).
6. Vikas Tiwari S/o Shri Parmeshwar Tiwari, by Caste Brahmin,
resident of Chirag Gali, Near Kalyan Bhawan, Itwara, Tehsil and
District Nanded (Maharashtra).
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Aman Midha
_____________________________________________________
HON'BLE MR. JUSTICE SANGEET LODHA
Judgment 25/01/2017
1. This writ petition has been filed by the petitioners-Bhagwan Joshi and Smt. Jyoti, seeking direction to the police authorities to provide protection to them.
(2 of 3) [CW-1000/2017]
2. The petitioners both major alleged to have entered into marriage on 18.1.17 at Arya Samaj, Ram Bag Scheme, Mahamandir, Jodhpur. In this regard, the petitioners have placed on record the marriage certificate issued by the Arya Samaj, Ram Bag Scheme, Mahamandir, Jodhpur as Annexure-4.
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 (3 of 3) [CW-1000/2017] 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.
(SANGEET LODHA)J. vij11