In a writ petition, the Court addressed the petitioners' plea for police protection against interference with their marital life and liberty. The Court held that it need not examine the legality of the marriage but granted the petition partly.
Partly allowed; petition granted partly.
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Court No. - 2 Case :- WRIT - C No. - 25308 of 2018 Petitioner :- Smt. Somya @ Sayma Parveen And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunder Singh Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State.
It is stated that both petitioners are major and they have solemnized their marriage out of their own sweet and free will. It is also stated that private respondents are interfering with marital life and liberty of the petitioners.
It is further stated by learned counsel for the petitioners that petitioner No.1 personally went to the Senior Superintendent of Police, Aligarh and gave an application dated 18.7.2018.
Police authority, if feels that the petitioners' stand is correct and they have real threat to their life, may give protection to them in view of the decisions of Apex Court in Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234; Lata Singh v. State of U.P. and another, (2006) 5 SCC 475; and Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 .
It goes without saying that this Court has not entered into whether the marriage is legal or not.
With these observations, this petition is partly allowed.
Order Date :- 10.8.2018 Mukesh
1 issue framed by the court
Whether police protection should be granted to petitioners claiming threat to their life due to interference with marital life.
Colour shows how this judgement treated each authority
Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234Referred¶6
Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234 · Who else cites this
Lata Singh v. State of U.P. and another, (2006) 5 SCC 475Referred¶6
Lata Singh v. State of U.P. and another, (2006) 5 SCC 475 · Who else cites this
Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396Referred¶6
Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 · Who else cites this
Smt. Somya @ Sayma Parveen
Another
State Of U.P.
3 Others
Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
