Disposed

Aarefa Khanam and Anr. v. State of Rajasthan and Ors.

Rajasthan HC9 Dec 2016CRLMP/5853/2016

Case brief

AI extract

What is this about?

In this S.B. Criminal Misc. Petition, the High Court of Rajasthan issued protection to a newly married couple who married against parental wishes. The court granted protection to their life and liberty under Section 482 Cr.P.C. directing police vigil, explicitly stating this does not decide the marriage's validity or the parties' age.

What did the court decide?

Direction issued to the SHO Galtagate to ensure necessary vigil so that no harm is caused to the life and liberty of the petitioners and their family members.

Aarefa Khanam and Anr. Vs State of Rajasthan and Ors. — Dowry and Cruelty | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. CRIMINAL MISCELLANEOUS (PETITION) NO. 5853 / 2016

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Aarefa Khanam W/o Arasad, D/o Abdul Kadir B/c Musalman, Aged About 30 Years, Address: R/o 455, Mohalla Tikkigaran, Kallan Shah Colony, Bas Badanpura, Tripoliya Bazar, Jaipur, Raj., At Present R/o Mohalla Bilochiyan, Bas Badanpura, Jaipur, Tripoliya Bazar, Jaipur, Raj.

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Arasad S/o Nisar Ahmad B/c Musalman, Aged About 37 Years, Address: R/o Mohalla Bilochiyan, Bas Badanpura, Jaipur, Tripoliya Bazar, Jaipur, Raj .

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Versus

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State of Rajasthan Through P. P., 2. Director General of Police, Police Head Quarter, Lalkothi, Jaipur, Raj .,

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The Commissioner of Police, Jaipur, Raj.,

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Additional Commissioner of Police Jaipur North, Jaipur, Raj., 5. The Station House Officer, Police Station Galtagate, Jaipur, Raj .,

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For Petitioners : Mr. M.I. Abbasi Public Prosecutor : Mr. Jitendra Shrimali

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Judament / Order

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09/12/2016

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The instant Misc. petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners/newly married couple who are stated to be major, claiming that they have

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married against the wishes of their parents. They seek protection to their life and liberty as they apprehend danger to their life and the liberty at the hands of those, who are opposing the marriage.

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Newly married couple is present in person they have been identified by Mr. M.I. Abbasi Advocate.

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Ms. (Aarefa Khanam) petitioner No. 1 appearing in person stated that she is major. She further stated that she had performed marriage with petitioner No. 2 viz., (Arasad) according to her own free will and accord and is living happily with him as a wife.

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After hearing the learned counsel appearing for the petitioners, as well as Learned Public Prosecutor and going through the contents of the instant petition, this court is of the view that in this case, this court is neither to decide about the validity of the marriage between the petitioners nor to decide their age. This court is of the view that no body can be permitted to take law in his own hands merely because marriage is not acceptable. 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.

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Consequently, present petition stands disposed of by issuing a direction to the SHO Galtagate District Jaipur to ensure necessary vigil that no harm is caused to the life and

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liberty of the petitioners and their family members at the hands of those, who are opposing the marriage. However, this order shall not be constitute as recognition of validity of marriage between the parties and is issued without determining the age of petitioners on the ground that those, who are opposing the marriage, cannot cause harm to anybody.

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(BAN WAR1 LAL SHARMA)J.

Aarefa Khanam and Anr. v. State of Rajasthan and Ors.

Case brief

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Aarefa Khanam and Anr. v. State of Rajasthan and Ors.

Case brief

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