Dismissed

Smt Firdos and Anr. v. State Home Departmentors

Rajasthan HC1 Jul 2013CW/9304/2013

Case brief

AI extract

What is this about?

This order dismissed a writ petition seeking protection from harassment by a husband and in-laws regarding a valid marriage. The court found no ground for interference due to lack of factual proof but directed the police to investigate a related FIR expeditiously.

What did the court decide?

The writ petition was disposed of; the SHO was directed to proceed expeditiously with the investigation of FIR No.84/2013.

Smt Firdos and Anr. Vs State Home Departmentors — Domestic Violence | Rajasthan HC (2013)

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S.B. CIVIL WRIT PETITION NO.9304/2013 (Smt. Firdos & Anr. Vs. State of Rajasthan & Ors.)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR

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ORDER

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S.B. CIVIL WRIT PETITION NO.9304/2013 (Smt. Firdos & Anr. Vs. State of Rajasthan & Ors.)

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Date of Order : 01.07.2013

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HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. Devendra Shrama, for the petitioners. BY THE COURT

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This petition has been filed with the prayer that the respondent Nos.6, 7 & 8, Meharddin, Shaukin and Mausin, respectively be directed not to harass, torture and humiliate the petitioners, who being major have married out of their own free will and desire to continue to live and go on their peaceful and harmonious matrimonial life.

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I have perused the writ petition and heard the counsel for the petitioners.

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The certificate of marriage which has been filed before this Court for whatever its worth is in 'urdu' language. No proof of the age of the petitioners has been annexed to the writ petition. Without the requisite factual foundation it is not possible for this Court to determine the nature of legal and fundamental right agitated by the petitioners before this Court for invocation of the Court's writ jurisdiction under Article 226 of the Constitution of India. Aside of the above, in my considered opinion, if the liberty of the petitioners, either jointly or

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S.B. CIVIL WRIT PETITION NO.9304/2013 (Smt. Firdos & Anr. Vs. State of Rajasthan & Ors.)

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individually, is under threat, it was for the petitioners to have taken their proceedings under the criminal law aside of making a representation to the concerned Superintendent of Police, if so advised.

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In the course of arguments, counsel for the petitioners has submitted that FIR No.84/2013 at Police Station Sindhi Camp, Jaipur City (South) has been filed on 17.05.2013 by the petitioner No.1, Firdos against the respondent Nos.6, 7 & 8 aforesaid for alleged offences under Sections 323, 341 & 394 IPC. This establishes that the petitioners have also taken their proceedings as statutorily available for the protection of their lives and liberty as also to bring the alleged perpetrators of crimes against them to book.

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In the overall facts of the case, I find no ground to interfere in the writ petition.

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However, the SHO, Sindhi Camp, Jaipur City (South) is directed to proceed expeditiously, fairly and transparently with investigation into FIR No.84/2013 dated 17.05.2013 and take all necessary steps as warranted in law.

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The writ petition is disposed of accordingly.

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(ALOK SHARMA), J

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MS/-

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, Jr. P.A.

Smt Firdos and Anr. v. State Home Departmentors

Case brief

What is this about?

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Smt Firdos and Anr. v. State Home Departmentors

Case brief

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