Court No. - 10
Case :- WRIT - C No. - 41867 of 2019 Petitioner :- Smt. Anjali Singh Patel And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners, Mr Anil Kumar Singh, learned Standing Counsel for the State and perused the record.
By means of the present writ petition, the petitioners have prayed for a writ in the nature of mandamus directing the respondents not to interfere in their peaceful marital life and also for a direction to provide protection.
Learned counsel for the petitioners submits that petitioners are major and have solemnized their marriage on 12.12.2019 as per Hindu rites and customs. He further submits that this is their first marriage. It is further asserted that no FIR has been registered against them in respect of the same and that their marriage was solemnized with their free consent without duress on any party. It is further alleged that petitioners are being threatened and harassed by respondents for reason of having thus got married.
In Lata Singh vs. State of UP 2006 Cr.L.J. 3309, while dealing with a case of harassment by the parents of the boy and girl, who had entered into inter-caste marriage, Hon'ble Supreme Court has 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 harasses 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 stern action is taken against such persons as provided by law."
In Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 Hon'ble Supreme Court held in paragraph 28 and 29 as under:-
"28. ..... Often young couples who fall in love have to seek shelter in the police lines or protection homes, to avoid the wrath of kangaroo courts. We have held in Lata Singh case that there is nothing "honourable" in "honour" killings, and they are nothing but barbaric and brutal murders by bigoted persons with feudal minds. In our opinion honour killings, for whatever reason, come within the category of the rarest of rare cases deserving death punishment. It is time to stamp out these barbaric, feudal practices which are a slur on our nation. This is necessary as a deterrent for such outrageous, uncivilised behavior. All persons who are planning to perpetrate "honour" killings should know that the gallows await them.
29. Let a copy of this judgment be sent to the Registrars General/ Registrars of all the High Courts who shall circulate the same to all the Judges of the Courts. The Registrars General/ Registrars of the High Courts will also circulate copies of the same to all the Sessions Judges/ Additional Sessions Judges in the States/Union Territories. Copies of the judgment shall also be sent to all the Chief Secretaries/ Home Secretaries/ Directors General of Police of all States/ Union Territories in the country. The Home Secretaries and Directors General of Police will circulate the same to all SSPs/SPs in the States/Union Territories for information."
It is contended by learned Standing Counsel that the above observations and directions issued by the Supreme Court are being enforced in the State of UP and that no further direction is required to be issued by this Court at this stage as it is a mere apprehension of the petitioners that the private respondents may commit some act of violence or harass the petitioners. It is further contended that as per the Government Order dated 31.8.2019, the petitioners may approach the police and the requisite protection shall be given to them.
Considering the facts and circumstances of the case, but without prejudice to the merits of the case, the writ petition is finally disposed off with the direction that the petitioners may approach the concerned Senior Superintendent of Police or Superintendent of Police with a certified copy of this order, who is obliged to ensure full compliance of the direction issued by the Supreme Court in the cases of Lata Singh and Bhagwan Das (Supra). He may obtain and keep on record a response/report from the SHO, concerned as to steps taken to comply with the aforesaid directions of the Supreme Court, in the facts of the present case.
However, it is made clear that this court has not adjudicated the validity of the marriage and/or genuineness of their marriage certificate claimed by the petitioners or the correct age of the petitioners. It is further clarified, this order has not been passed to protect the petitioners against any action or proceedings instituted in accordance with law. The order seeks to protect the life and liberty of the petitioners from any threat arising from or being occasioned by their marriage-life and liberty being the foundation of all freedoms guaranteed under our constitution.
It is further clarified that in case, any false averment has been made in this writ petition, the respondents will be at liberty to approach the court for recall of this order.
The writ petition is disposed off.
Order Date :- 17.12.2019 Lbm/-