Disposed

Ms Neeru Agarwal and Anr. v. State of Rajasthan and Ors.

Rajasthan HC19 May 2017CRLW/154/2017

Case brief

AI extract

What is this about?

High Court issued a direction under Article 226 ordering police vigil to protect a newly married couple from harm by those opposing the marriage, without adjudicating the marriage's validity or the couple's age.

What did the court decide?

Direction issued to SHO, Neemkathana to ensure vigil and no harm is caused to petitioners and family members opposing the marriage.

Ms Neeru Agarwal and Anr. Vs State of Rajasthan… — Matrimonial and Divorce | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FPR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 154 / 2017

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Ms. Neeru Agar'wal W/o Shri Rakesh D/o Shri Mahendra Kumar, Aged About 27 Years, R/o 127, Mohalla Brahmanan, Raipur Jagir, Tehsil Neemkathana, Distt. Sikar At Present Resident of 126, Mohalla Nala, Uparala, Ganeshwar, Tehsil Neemkathana, Distt. Sikar, Rajasthan.

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Rakesh Kumar S/o Shri Santosh Kumar Agarwal, Aged About 28 Years, R/o 126, Mohalla Nala, Uparala, Ganeshwar, Tehsil Neemkathana, Distt. Sikar, Rajasthan.

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Versus

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9. The State of Rajasthan Through the Additional Chief Secretary Department of Home, Government of Rajasthan, Secretariat, Jaipur

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The Superintendent of Police, Sikar

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SHO, Police Station Neemkathana, Distt. Sikar

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Mahendra Kumar S/o Shri Ramji Lal Agarwal, R/o 127, Mohalla Brahmanan, Raipur Jagir, Tehsil Neemkathana, i>istt. Sikar

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FZor Petitioner(s) : Mr. Mam~aj Jat

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Public Prosecutor : Mr. Jitendra .Shrimali

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Order

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19/05/2017

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The instant Writ petition has been filed under Article 226 of the Constitution of India on behalf of the petitioners/newly married c-ouple who are stated to be major, claiming that they have married against the wishes of their parents. They seek protection to their life and liberty as they

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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. Mamraj Jat, Advocate.

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Ms. (Neeru Agarwal) petitioner No. 1 appearing in person stated that she is major. She further stated that she had performed marriage with petitioner No. 2 viz., (Rakesh Kumar) 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, the present petition stands disposed of by issuing a direction to the SHO, Neemkathana, District Sikar to ensure necessary vigil that no harm is caused to the life and liberty of the petitioners and their family members at

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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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(BANWARI LAL SHARMA)].

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Charu 41

Ms Neeru Agarwal and Anr. v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Ms Neeru Agarwal and Anr. v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

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