Disposed

Guddi Sharma and Anr. v. State of Rajasthan and Ors.

Rajasthan HC1 Mar 2017CRLW/17/2017

Case brief

AI extract

What is this about?

Supreme Court Writ Petition filed by married couple claiming danger to life and liberty due to marriage opposed by parents. Court directed SHO to ensure vigil against harm without adjudicating marriage validity or petitioners' age.

What did the court decide?

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

Guddi Sharma and Anr. Vs State of… — Constitutional and Fundamental Rights | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 17 / 2017

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1. Guddi Sharma D/o Shri Jagdish Prasad Sharma, Wife of Shri Rakesh Kumar Mehta,, Aged 23 Years, R/o Keriya Ka Bas, Bagru, Tehsil Sanganer, District Jaipur (Raj.) At Present Resident of Keriya Ka Bas, Durga Mata Ka Mandir, Post Bagru, Tehsil Sanganer, District Jaipur (Raj.)

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2. Rakesh Kumar Mehta Son of Shri Kana Ram Mehta, Aged 30 Years, R/o Keriya Ka Bas, Durga Mata Ka Mandir, Post Bagru, Tehsil Sanganer, District Jaipur (Raj.)

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----Petitioners

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Versus

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1. State of Rajasthan through Secretary, Department of Home Affairs, and Justice, Secretariat Rajasthan, Jaipur.

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2. Director General of Police, Rajasthan, Jaipur (Raj.)

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3. Superintendent of Police, Jaipur Rural, District Jaipur (Raj.)

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4. S.H.O. Police Station Bagru, District Jaipur (Raj.)

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5. Jagdish Prasad Sharma Son of Shri Johari Lal Sharma, by Caste Brahmin, R/o Village Keriya Ka Bas, Bagru, Tehsil Sanganer, District Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Ripu Daman Singh Naruka

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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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01/03/2017

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Notice was issued to respondent no. 5 also, but no one appeared on behalf of respondent no. 5 even after

service.

Heard.

(2 of 3)

[CRLW-17/2017]

The instant Writ petition has been filed under Article 226 of the Constitution of India on behalf of the petitioners/newly married couple 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 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. Ripu Daman Singh Naruka, Advocate.

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Ms. (Guddi Sharma) 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 Mehta) 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

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(3 of 3)

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[CRLW-17/2017]

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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, Bagru, District Jaipur to ensure necessary vigil that no harm is caused to the life and 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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(BANWARI LAL SHARMA)J.

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Charu 03

Guddi Sharma and Anr. v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Guddi Sharma and Anr. v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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