Rajasthan High Court - Jaipur
Urmila Kumari And Anr vs State Of Rajasthan And Ors on 21 December, 2016
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 523 / 2016
1. Urmila Kumari D/o Shri Sanwarmal, Wife of Shri Shree Ram
Jatrana, by Caste Jat,, Aged About 18 Years, R/o Village Basdi
Kalan, Tehsil Dantaramgarh, District Sikar (raj.) At Present R/o
Village Lakhni, Ward No.6, Town Ringus, Tehsil Shri Madhopur,
District Sikar (raj.)
2. Shree Ram Jatrana Son of Shri Lachchu Ram Jatrana, by Caste
Jat,, Aged About 32 Years, R/o Village Lakhni Ward No.6, Town
Ringus, Tehsil Shri Madhopur, District Sikar (raj.)
----Petitioners
Versus
1. State of Rajasthan, Through the Secretary, Department of
Home Affairs & Justice, Secretariat, Rajasthan, Jaipur.
2. Director General of Police, Rajasthan, Jaipur (raj.)
3. Superintendent of Police, Sikar, District Sikar (raj.)
4. S.H.O. Police Station Khatu Shyamji, District Sikar (raj.)
5. S.H.O. Police Station Ringus, District Sikar (raj.)
6. Sanwar Mal Son of Shri Bodu Ram, by Caste Jat,, Aged About
45 Years, R/o Village Basdi Kalan, Tehsil Danta Ramgarh, Police
Station Khatu Shyamji, District Sikar (raj.)
7. Manju Devi Wife of Sanwar Mal, by Caste Jat, Aged About 38
Years, R/o Village Basdi Kalan, Tehsil Danta Ramgarh, Police
Station Khatu Shyamji, District Sikar (raj.)
8. Jawahar Mal Son of Bodu Ram, by Caste Jat,, Aged About 42
Years, R/o Village Basdi Kalan, Tehsil Danta Ramgarh, Police
Station Khatu Shyamji, District Sikar (raj.)
9. Sardar Son of Shri Bodu Ram, by Caste Jat,, Aged About 35
Years, R/o Village Basdi Kalan, Tehsil Danta Ramgarh, Police
Station Khatu Shyamji, District Sikar (raj.)
10. Mool Chand Son of Shri Bodu Ram,, R/o Village Basdi Kalan,
Tehsil Danta Ramgarh, Police Station Khatu Shyamji, District Sikar
(raj.)
11. Chhitar Mal Son of Shri Boduram, by Caste Jat,, Aged About
(2 of 3)
[CRLW-523/2016]
52 Years, R/o Village Basdi Kalan, Tehsil Danta Ramgarh, Police
Station Khatu Shyamji, District Sikar (raj.)
----Respondents
__________________________________________________ Counsel For Petitioner(s) : Mr. Sultan Singh Kuri Public Prosecutor : Mr. Jitendra Shrimali __________________________________________________ HON'BLE MR. JUSTICE BANWARI LAL SHARMA Judgment / Order 21/12/2016 The instant Writ petition has been filed under Article 226 of the Constitution of India read with Rules 315 (1) (h) of Rajasthan High Court Rules 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. Sultan Singh Kuri, Advocate.
Ms. (Urmila Kumari) petitioner No. 1 appearing in person stated that she is major. She further stated that she had performed marriage with petitioner No. 2 viz., (Shri Ram Jatrana) 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 Public Prosecutor and going (3 of 3) [CRLW-523/2016] 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.
Consequently, present petition stands disposed of by issuing a direction to the SHO, PS Ringus District Sikar 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. Simple/153