Court No. - 10
Case :- WRIT - C No. - 36280 of 2018 Petitioner :- Kumari Ritu And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Dharmendra Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
The supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.
By means of present writ petition, the petitioners have prayed for direction in the nature of mandamus directing the respondents not to interfere in their peaceful matrimonial life.
Learned counsel for the petitioners submits that the petitioners are major and have solemnized their marriage with each other according to Hindu Rites and Custom on 20.5.2018. They have also applied on line for registration of their marriage with the Registrar of Marriages on 23.10.2018. The father of the first petitioner namely Jogendra Singh has filed a Habeas Corpus Writ Petition No.3919 of 2018 (Km. Ritu vs. State of UP and 5 others) alleging that Km. Ritu (18 years) is missing since 22.10.2018. The cognizance was taken by this Court on 28.11.2018 and on the said date, the Court had proceeded to direct the S.S.P., Bulandshahr as well as S.H.O., Khurja, Bulandshahr to appear before this Court on 7.12.2018. Thereafter, the matter was taken up on 7.12.2018 and on the said date, the Court had proceeded to pass following order:-
"Learned AGA has filed two affidavits sworn by Gopal Singh, C.O., Khurja, Bulandshahar and Mahesh Rathor, S.H.O., Khurja, Bulandshahar, are taken on record.
Heard learned counsel for the petitioner, learned AGA and perused the record.
It is contended by learned counsel for the petitioner that Kumari Ritu (18 years) is missing since 22.10.2018 and his father, Jugendra Singh is running from pillar to post to inquire about his daughter but the police has neither lodged his FIR nor trace out the girl. It is suspected by the father of the girl that she may be in the illegal captivity of respondent nos. 4 to 6 and on this premises, this petition is preferred. Today the aforesaid two affidavits were filed by learned AGA and Sri Gopal Singh, C.O., Khurja, Bulandshahar and Mahesh Rathor, S.H.O., Khurja, Bulandshahar, who are appear before this Court in person annexing therewith the marriage certificate and age proof of the girl, Kumari Ritu in her Adhaar Card which shows that Kumari Ritu has got married with Devendra respondent no. 4 in Arya Samaj Mandir on 20.05.2018 but she has not appear before the Court. Sri Gopal Singh, C.O., Khurja, Bulandshahar has given a solemn undertaking that they are in search of the corpus, Kumari Ritu and would trace out the whereabouts of the defence and produce the corpus on 10.01.2019.
On this undertaking given by Gopal Singh, C.O., Khurja, Bulandshahar, list this matter on 10.01.2019 before appropriate Court. On the date fixed the C.O., Khurja, Bulandshahar and Mahesh Rathor, S.H.O., Khurja, Bulandshahar, would produce the girl before the Court.
It is made clear that no laxity or lapse would be tolerated in this matter. The matter should be taken with utmost sincerity and top most priority.
List this matter on 10.01.2019 before appropriate Court.
Copy of the order may be given to learned AGA for communication and compliance."
Learned counsel for the petitioners further apprised to the Court that on the undertaking given by Shri Gopal Singh, C.O., Khurja, Bulandshahar, the matter has been fixed on 10.1.2019 before appropriate Court. He makes a statement that in compliance of the aforesaid order dated 7.12.2018 both the petitioners would be present before the Court concerned. Meanwhile, on the behest of the fifth respondent, the respondent authorities are interfering in their peaceful life and the civil protection has been asked for.
Both the petitioners are present in the Court and are identified by learned counsel appearing for the petitioners. The petitioners claim to be adults and married to each other of their own freewill, and for that they are being threatened and harassed.
In Lata Singh vs. State of UP 2006 Cr.L.J. 3312, 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."
Once the aforesaid Habeas Corpus Writ Petition No.3919 of 2018 is already pending consideration and on the undertaking given by Shri Gopal Singh, C.O. Khurja, the matter has been fixed on 10.1.2019 before the appropriate Court and both the petitioners have given an undertaking before this Court that they will be present before the Court concerned on the said date i.e. 10.1.2019, then in such situation the petitioners are entitled for the civil protection.
In view of the above, the writ petition is finally disposed of with the direction that the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the concerned Senior Superintendent of Police or Superintendent of Police with a certified copy of this order, who shall provide immediate protection to the petitioners.
This order may also be apprised to Shri Gopal Singh, C.O., Khurja, District Bulandshahar so that the order dated 7.12.2018 may be complied with.
However, this order in no way expresses opinion about the validity of their marriage and genuineness of their marriage certificate. This order shall not protect the petitioners against any action or proceedings pursuant to any F.I.R. or complaint case against him/her/them.
Order Date :- 20.12.2018 RKP