The single judge allowed a writ petition partly, invoking Supreme Court precedents regarding privacy and marriage, without adjudicating the legality of the marriage between petitioner and private respondents.
Petition partly allowed; police to consider granting protection if real threat to life exists.
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Court No. - 2
Case :- WRIT - C No. - 26075 of 2018
Petitioner :- Smt. Pooja And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahesh Kumar Kuntal 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, Mathura and gave an application.
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 that this Court has not entered into whether the marriage is legal or not.
With these observations, this petition is partly allowed.
Order Date :- 1.8.2018 Mukesh
1 issue framed by the court
Whether police protection should be granted to petitioners who married with private respondents interfering with their marital life.
Colour shows how this judgement treated each authority
Gian Devi v. The Superintendent, Nari Niketan, Delhi and othersReferred¶8
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 anotherReferred¶8
Lata Singh v. State of U.P. and another, (2006) 5 SCC 475 · Who else cites this
Bhagwan Dass v. State (NCT of Delhi)Referred¶8
Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 · Who else cites this
Smt. Pooja And Another
State Of U.P. And 3 Others
Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
