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Judgment
The case of the petitioners is that they are major and were having love affair for the last more than one and a half year. They disclosed the fact of
their love affair to their respective parents, to which the parents of petitioner No.2 agreed but the parents of petitioner No.1 got annoyed with the
petitioners. Even the parents of petitioner No.1 told the petitioner No.2 that if in future he tried to see their daughter, they will eliminate petitioner
No.2. Constrained by the above mentioned situation, both the petitioners being major and capable of understanding their well-being, on 03.04.2018
performed/contracted marriage as per rituals prescribed by the Muslim Personal Law (Annexure-A). After the solemnization of the marriage between
the petitioners, respondent Nos.4 to 6 had made the lives of the petitioners miserable as both of them had married against the wishes of respondent
Nos.4 to 6. The marriage between the petitioners is not acceptable to them. It is further submitted that the movements of th e petitioners have been
restricted in view of the continuous harassment and threat perception at the hands of respondent Nos.4 to 6 as they have openly declared that they
will kill both the petitioners in order to satisfy their ego. The petitioners are innocent and have contracted the marriage with their own choice and
aggrieved of the unnecessary threats and harassment made by respondent Nos.4 to 6.
The petitioners, in person, appeared before this Court at the time of hearing of the petition along with their counsel. They have categorically stated
in the open court that they have solemnized marriage with each other and have also executed Nikahnama on 03.04.2018 with their own free will and
consent and without any force from anybody.
During the course of argument, learned counsel for the petitioners, has stated that the petitioners would be satisfied, if this petition is disposed of at
this stage by directing the official respondents to provide adequate protection from the harassment at the hands of respondent Nos.4 to 6.
I have considered the submissions of learned counsel for the petitioners.
From the perusal of petition, it is evident that this petition has been supported by an affidavit. There is a report of radiologist (Annexure-B) as per
which the date of birth of petitioner No.1 is stated to be more than twenty years; whereas as per copy of the Aadhar Card issued by the Government
of India, the date of birth of petitioner No.2 is reflected as 15.04.1995. So petitioners were major at the time of solemnization of Nikahnama.
In similar circumstances where parties had entered into wedlock of their own free will and volition, the Hon’ble Supreme Court in Lata Singh
Vs. State of U.P. and anr., reported in AIR 2006 SC 2522, has held as under:-
“16. This case reveals a shocking state of affairs. There is no dispute that the Petitioner is a major and was at all relevant times a major. Hence
she is free to marry anyone she likes or live with anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any
other law. Hence, we cannot see what offence was committed by the Petitioner, her husband or her husband's relatives.
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The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be
united to face the challenges before the nation unitedly. Hence, inter-case marriages are in fact in the national interest as they will result in destroying
the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste
marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are
wholly illegal and those who commit them must be severely punished. 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-casts 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 is not harassed by anyone nor subjected to threats or acts of violence, and anyone 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.â€
In view of the above, this petition is, accordingly, disposed of at this stage with a direction that the official respondent Nos. 1 to 3 shall ensure the
protection of life and liberty to the petitioners and shall take appropriate steps strictly in accordance with the ratio of judgment (supra).