Rekha Yadav and another vs State of U.T. Chandigarh and others

Notice of motion.

Mr. Amit Kumar Goyal, Advocate for UT Chandigarh accepts notice on behalf of the official respondents. Service of notice to the private

respondents is dispensed with as no adverse order is passed against them.

In the instant petition, petitioners are seeking protection for their lives and liberty. Petitioners are stated to be major and got married on 30. 08.2018

out of their own sweet will and without any pressure. They are under the impression that there would be threat to their lives and liberty on account of

their marriage against the wishes of their relatives and friends. Arising out of these facts and circumstances, petitioners are stated to have submitted

representations dated 30.08.2018 (Annexure P-5) to the Senior Superintendent of Police, U.T. Chandigarh. Insofar as giving protection to the married

couple, there is decision of the Apex Court.

Interference by the police in conjugal life; the Apex Court in the case of Lata Singh versus State of U.P. reported in (2006) 5 SCC 475 held as

follows:-

“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-caste 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-caste or interreligious 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 intercaste 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 lawâ€​.

In terms of the Supreme Court observation, the official respondents/concerned respondent are directed to examine the representations of the

petitioners and to give necessary protection while appreciating the fact that there is threat to their life. This order shall not validate the marriage of the

couple in any manner.

Both the petitioners are present in Court. 2nd petitioner namely Mulayam Singh Yadav has assured that he will make necessary arrangement for

depositing a sum of Rs.50,000/- in the name of 1st petitioner in the shape of FDR for a period of three years within a period of three months from

today. In case he fails to do so, Registry is directed to list this matter on 16.01.2019.

Accordingly, the petition is disposed of.