Madhya Pradesh High Court
WP/2222/2024 of SMT. MINI SINGH Vs THE STATE OF MADHYA PRADESH on 5 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE ANAND PATHAKON THE 5[th] OF FEBRUARY, 2024
WRIT PETITION No. 2222 of 2024
BETWEEN:-
1.SMT. MINI SINGH W/O SHRI MANPREET SINGHD/O SHRI DEVENDRA KUSHWAH, AGED ABOUT 23YEAR S , OCCUPATION: HOUSEWIFE VILLAGEJAWDESHWAR DISTRICT SHEOPUR M.P.(MADHYA PRADESH)D/O SHRI DEVENDRA KUSHWAH, AGED ABOUT 23YEAR S , OCCUPATION: HOUSEWIFE VILLAGEJAWDESHWAR DISTRICT SHEOPUR M.P.(MADHYA PRADESH)
2.MANPREET SINGH S/O SHRI NISHAN SINGH,AGED ABOUT 24 YEARS, R/O VILLAGEJAWDESHWAR SHEOPUR (MADHYA PRADESH)AGED ABOUT 24 YEARS, R/O VILLAGEJAWDESHWAR SHEOPUR (MADHYA PRADESH)
(BY SHRI RAJKUMAR GATWAR - ADVOCATE)
.....PETITIONERS
AND
1.THE STATE OF MADHYA PRADESH THROUGHPRINCIPAL SECRETARY VALLABH BHAWAN,BHOPAL M.P. (MADHYA PRADESH)PRINCIPAL SECRETARY VALLABH BHAWAN,BHOPAL M.P. (MADHYA PRADESH)
2.SUPERINTENDENT OF POLICE GWALIOR(MADHYA PRADESH)(MADHYA PRADESH)
3.STATION HOUSE OFFICER POLICE STATIONHAZIRA GWALIOR GWALIOR (MADHYAPRADESH)HAZIRA GWALIOR GWALIOR (MADHYAPRADESH)
4.DEVENDRA KUSHWAH S/O SHRI LAXMANKUSHWAH, AGED ABOUT 48 YEARS, R/O GOSPURANO.2, HAJIRA, GWALIOR (MADHYA PRADESH)
(BY SHRI N.S. TOMAR - 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 and father of petitioner No.2alongwith other family members appeared before the this Court and undertakethat they are ready to accept the girl as their daughter-in-law.
2 . In this petition, the petitioners inter alia seeking direction to therespondents to provide protection to them.
3. Learned counsel for the petitioners submitted that the petitioners, whoare 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 theparties and as agreed to by them, this writ petition is disposed of with thedirection 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 the petitioners 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