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Judgment
This is a petition under Section 482 of the Code of Criminal
Procedure praying for directions to respondent nos. 2 to 4 to protect their life
and liberty which is alleged to be in danger at the hands of respondent nos. 5
to 7 on account of their having got married against their parental consent.
Learned counsel for the petitioners contends that both the
petitioners are major.
Even though this Court is disinclined to entertain and to go into
such allegations, but at the same time it cannot be oblivious to the fact that
because of social friction and sectarian differences such incidents are not
entirely unheard of and prima facie the case also appears to be covered by
the observations of Supreme Court in Fiaz Ahmed Ahanger & Ors. vs.
State of J&K 2009(3) RAJ 692, which are as under:-
"In such cases of intercaste or inter-religion
marriage the Court has only to be satisfied about two
things:-
(1) that the girl is above 18 years of age, in which case,
the law regards her as a major vide Section 3 of the
Indian Majority Act, 1875. A major is deemed by the law
to know what is in his or her welfare.
(2) The wish of the girl.
In the circumstances, we direct that nobody
will harass, threaten or commit any acts of violence or
other unlawful act on the petitioner, Chanchali
Devi/Mehvesh Anjum and the petitioner''s family
members and they shall not be arrested till further orders
in connection with the case in question. If they feel
insecure, they can apply to the police and, in such event,
the police shall grant protection to them."
In view of this, the petition is disposed of with a direction to
respondent no.2 to look into the allegations as contained in the petition
personally and take necessary steps in accordance with law if the situation so
warrants.
This order shall not be construed to be conferring the legitimacy
or authenticity to the factum of marriage having been performed as the Court
is clearly deprived of any means to determine the aforesaid facts.
Copy of the petition along with a copy of this order be sent to
respondent no.2.