High CourtsSingle Bench(2018) 03 RAJ CK 0072

Smt Suman Chatterjee And Anr @APPELLANT@Hash State Of Rajasthan And Ors

Rajasthan High Court · Decided on 8 March 2018

HON’BLE JUDGES
DEEPAK MAHESHWARI, J
RESULT
Disposed Off
CASE NUMBER
Criminal Writ No. 244 of 2018

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Judgment

15 paragraphs · 309 words

The instant writ petition has been filed under Article 226 of the Constitution of India on behalf of the petitioners, who claim to be major in age and

newly married couple. It is stated that they have married against the wishes of their parents. They seek protection as they apprehend danger to their

life and the liberty at the hands of those, who are opposing their marriage.

The petitioners are present in person who have been identified by Mr. Govind Gupta, Advocate.

Ms. Suman Chatterjee, Petitioner No.1 appearing in person states that she is major in age. She further states that she had performed marriage with

petitioner No.2, who is also major in age, according to her free will and is living happily with him as a wife.

Heard learned counsel appearing for the petitioners, as well as learned Additional Government Advocate and perused the contents of the instant

petition.

This court is neither deciding the validity of the marriage between the petitioners nor deciding about their age. However, this court is of the view that

nobody can be permitted to take law in his own hands merely because marriage is not acceptable to him. The personal liberty and dignity of the

individual is to be protected by law. Therefore, without commenting on the validity of the marriage between the petitioners and determining their age,

the petitioners are found entitled to protection of their life and liberty.

Consequently, the present petition stands disposed off by issuing a direction to the SHO, PS Sodala, District Jaipur to ensure necessary vigil that no

harm is caused to the life and liberty of the petitioners and their family members at the hands of those, who are opposing their marriage. However, this

order shall not be constituted as recognition of validity of marriage between the parties and is issued without determining their age.