SMT. SIMINLATA@SHAKUNTALA v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-05. SMT. SIMINLATA@SHAKUNTALA v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on...
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK th ON THE 5 OF FEBRUARY, 2024 WRIT PETITION No. 2079 of 2024 BETWEEN:- 1. SMT. SIMINLATA@SHAKUNTALA W/O SHRI RAHUL D/O SHRI RAMSEVAK, AGED ABOUT 18 YEARS, OCCUPATION: HOUSEWIFE GRAM AINTI RITHAURA KALAN P. S. RITHAURAKALAN DISTRICT MORENA M. P. HAL NIWASI GRAM KUNGREL KA PURA, DHANELA MORENA (MADHYA PRADESH) 2. RAHUL S/O SHRI RAMSEVAK PRAJAPATI, AGED ABOUT 21 YEARS, OCCUPATION: PVT. NOKRI GRAM KUNGREL KA PURA DHANELA MORENA (MADHYA PRADESH) ..... PETITIONERS (BY SHRI R. S. RAJPOOT - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH SUPERINTENDENT OF POLICE DISTRICT MORENA (MADHYA PRADESH) 2. P R A B H A R I POLICE HEADQUARTERS P. S RITHORA, MORENA (MADHYA PRADESH) 3. RAMSEVAK PRAJAPATI S/O LATE SHRI MATRILAL, AGED ABOUT 50 YEARS, OCCUPATION: KARSHI GRAM ENTI RITHORA KLA (MADHYA PRADESH) 4.
UMMED PRAJAPATI S/O SHRI RAMSEVAK PRAJAPATI, AGED ABOUT 25 YEARS, OCCUPATION: MAZDOORI GRAM ETI RITHORAKLA (MADHYA PRADESH) 5. ABHILAKH S/O SHRI RAMSEVAK PRAJAPATI, AGED ABOUT 30 YEARS, OCCUPATION: MAZDOORI GRAM ENTI RITHORA KLA (MADHYA Signature Not Verified Signed by: VISHAL Signing time: 05-02-2024 07:19:27 PM PRADESH) 6. DATARAM PRAJAPATI S/O NAMALUM, AGED ABOUT 55 YEARS, OCCUPATION: KARSHI GRAM ENTI RITHORA KLA (MADHYA PRADESH) ..... RESPONDENTS (BY SHRI N. S. TOMAR - GOVERNMENT ADVOCATE) This petition coming on for admission this day, th e court passed the following: ORDER 1. Petitioners are present in person. 2 . In this petition, the petitioners inter alia seeking direction to the respondents to provide protection to them. 3. 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, adhar-cards and mark-sheets have been produced.
However, members of family of petitioner No. 1 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, Morena to provide protection to the petitioners. Petitioners further undertake to live peacefully with each other. 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. 4. On the other hand, learned Government Advocate for the respondents No. 1 to 3/State fairly submitted that in case petitioners approach the police authorities, suitable action in the matter shall be taken. 5.
Taking into account the submissions made by learned counsel for the Signature Not Verified Signed by: VISHAL Signing time: 05-02-2024 07:19:27 PM parties and as agreed to by them, this writ petition is disposed of with the direction to the Superintendent of Police, Morena to look into the 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. Petitioners shall live peacefully without causing any embarrassment/harassment to each other. 6. The petition stands disposed of accordingly. 7. It is made clear that this Court has not expressed any opinion with regard to validity of the marriage of the petitioners. 8. Certified copy as per rules.
(ANAND PATHAK) JUDGE Ashish* Signature Not Verified Signed by: VISHAL Signing time: 05-02-2024 07:19:27 PM
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