Court No. - 10
Case :- WRIT - C No. - 38644 of 2018 Petitioner :- Smt. Rubi Patel And Another Respondent :- State Of U.P. And 06 Others Counsel for Petitioner :- Durga Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Mrs. Durga Tiwari, learned counsel for the petitioners; learned Standing Counsel for the State respondents and Sri Nitinjay Pandey, learned counsel appearing for the private 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.
Mrs. Durga Tiwari, 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 07.06.2012. They have also registered their marriage before the Registrar of Hindu Marriage, Allahabad, U.P. on 14.06.2012 and the marriage certificate has been brought on record as Annexure No.6 to the writ petition. No first information report has been registered against them.
Sri Nitinjay Pandey, appearing for the private respondents has vehemently opposed the writ petition and submitted that the alleged marriage was of the year 2012 but the same was never consummated and since 2012 the first petitioner is residing along with her parents. He further apprises to the Court that the parents have already fixed the marriage of first petitioner and has to solemnize within one month's time but at the moment the alleged marriage of the year 2012 has been brought into their notice, they are making all sincere efforts for amicable settlement. But at the same time it is being urged that this Court may direct the second petitioner for providing financial security to her so that her future may be secured, otherwise the parents of the first petitioner would suffer irreparably.
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."
In view of the above, the writ petition is finally disposed of with the direction that the second petitioner will deposit an amount of Rs.50,000/- in fixed deposit in a nationalized bank in favour of first petitioner within one month's time from today. 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.
Order Date :- 27.11.2018 cks