Madhya Pradesh High Court
WP/2464/2024 of SMT ANJALI BHADORIYA Vs THE STATE OF MADHYA PRADESH on 5 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE ANAND PATHAKON THE 5[th] OF FEBRUARY, 2024
WRIT PETITION No. 2464 of 2024
BETWEEN:-
1.SMT ANJALI BHADORIYA W/O SHRI RITESHKUMAR SINGH D/O SHRI SHIV KUMAR SINGHBHADORIYA, AGED ABOUT 20 YEARS,ADARSHPURAM GOLA KA MANDIR GWALIOR MP(MADHYA PRADESH)KUMAR SINGH D/O SHRI SHIV KUMAR SINGHBHADORIYA, AGED ABOUT 20 YEARS,ADARSHPURAM GOLA KA MANDIR GWALIOR MP(MADHYA PRADESH)
2.RITESH CHOUHAN @ RITESH KUMAR SINGHCHOUHAN S/O LATE SHRI JANG BAHADUR SINGHCHOUHAN, AGED ABOUT 21 YEARS, GADAIPURAGWALIOR AT PRE C-6 SATABDIPURA TIGERCHOUK KE PASS MAHARAJPURA (MADHYAPRADESH)CHOUHAN S/O LATE SHRI JANG BAHADUR SINGHCHOUHAN, AGED ABOUT 21 YEARS, GADAIPURAGWALIOR AT PRE C-6 SATABDIPURA TIGERCHOUK KE PASS MAHARAJPURA (MADHYAPRADESH)
(BY SHRI SACHIN GUPTA - ADVOCATE)
.....PETITIONERS
AND
1.THE STATE OF MADHYA PRADESH THROUGHPRINCIPAL SECRETARY VALLABH BHAWANBHOPAL (MADHYA PRADESH)PRINCIPAL SECRETARY VALLABH BHAWANBHOPAL (MADHYA PRADESH)
2.POLICE ADHIKSHAK POLICE HEADQUARTERSGWALIOR (MADHYA PRADESH)GWALIOR (MADHYA PRADESH)
3.THANA INCHARGE POLICE HEADQUARTERS P.SMAHARAJPURA GWALIOR (MADHYA PRADESH)MAHARAJPURA GWALIOR (MADHYA PRADESH)
4.SHRI SHIV KUMAR SINGH BHADORIYA S/O LATESHRI MAHARAJ SINGH BHADORIYA, AGEDABOUT 53 YEARS, 217 BLOCK W SATABDIPURAM,BHIND ROAD GWALIOR (MADHYA PRADESH)SHRI MAHARAJ SINGH BHADORIYA, AGEDABOUT 53 YEARS, 217 BLOCK W SATABDIPURAM,BHIND ROAD GWALIOR (MADHYA PRADESH)
5.SHRI RAMKUMAR SINGH BHADORIYA S/O LATESHRI MAHARAJ SINGH BHADORIYA 217 BLOCKW SATABDIPURAM BHIND ROAD GWALIOR(MADHYA PRADESH)SHRI MAHARAJ SINGH BHADORIYA 217 BLOCKW SATABDIPURAM BHIND ROAD GWALIOR(MADHYA PRADESH)
6.BHANU BHADORIYA S/O SHRI SHIV KUMARSINGH BHADORIYA 217 BLOCK WSATABDIPURAM BHIND ROAD GWALIOR(MADHYA PRADESH)
(BY SHRI M.S.JADON - GOVERNMENT ADVOCATE)
.....RESPONDENTS
This petition coming on for admission this day, the court passed the following:
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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 theage of petitioners No.1 and No.2, adhar-card, PAN card and mark-sheets havebeen produced. However, members of family of petitioner No.1 are harassingand victimizing the petitioners. It is further submitted that the instant petitionmay be disposed of with the direction to the Superintendent of Police, Gwaliorto provide protection to the petitioners. Petitioners further undertake to livepeacefully with each other. In support of his submission, learned counsel forthe petitioners has placed reliance on the decision in Lata Singh v. State ofU.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 respondentsNo.1 to 3/State fairly submitted that in case petitioners approach the policeauthorities, suitable action in the matter shall be taken.
5. Taking into account the submissions made by learned counsel for the parties and as agreed to by them, this writ petition is disposed of with the direction to the Superintendent of Police, Gwalior to look into the matter andtake appropriate steps expeditiously for providing protection to the petitionersonly, in view of the law laid down by the Supreme Court in Lata Singh andShakti Vahini (supra). This protection is only to the petitioners regardingmarriage and would be given subject to verification of age of both thepetitioners as well as factum of marriage. Petitioners shall live peacefully withoutcausing 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.
Ashish*
(ANAND PATHAK)JUDGE