Allowed

Shobha Upadhyaya and Anr. v. State of Rajasthan and Ors.

Rajasthan HC15 May 2017CRLW/176/2017

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a newly married couple seeking protection of life and liberty from parental opposition. Without adjudicating the marriage's validity or the petitioners' age, the court directed the police to ensure their safety, noting that opposing parties cannot cause harm regardless of the marriage's legal status.

What did the court decide?

Direction to SHO PS Aandhi to ensure vigilance and protection of the life and liberty of the petitioners and their family members.

Shobha Upadhyaya and Anr. Vs State… — Constitutional and Fundamental Rights | Rajasthan HC (2017)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S. B. Criminal Writ Petition No. 176 / 2017

¶3

Shobha Upadhyaya D/o Shri Girraj Prasad Sharma Wife of Shri Rajesh Kumar Sharma,, Aged About 21 Years, R/o Prateek Vihar, Ward No.1, Behind H.P. Gas Godam, Dausa, District Dausa, Presently R/o Village Nangal Gogoriya, Post Lalwas, Tehsil Jamwaramgarh, Police Station Aandhi, District Jaipur.

¶4

Rajesh Kumar Sharma Son of Shri Radheyshyam Sharma,, Aged About 31 Years, R/o Village Nangal Gogoriya, Post Lalwas, Tehsil Jamwaramgarh, Police Station Aandhi, District Jaipur.

¶5

----Petitioners Versus

¶6

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

¶7

Superintendent of Police, Dausa.

¶8

Superintendent of Police, Jaipur (Gramin)

¶9

Station House Officer, Police Station Kotwali, Dausa.

¶10

Station House Officer, Police Station Aandhi, District Jaipur.

¶11

Girraj Prasad Sharma Son of Not Known,, R/o Prateek Vihar, Ward No.1, Behind H.P. Gas Godam, Dausa, District Dausa.

¶12

----Respondents

¶13

_____________________________________________________ For Petitioner(s) : Mr. Ram Rakh Sharma Public Prosecutor : Mr. N.S. Dhakad

¶14

HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order

¶15

15/05/2017

¶16

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

¶17

(2 of 3)

¶18

[CRLW-176/2017]

¶19

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.

¶20

Newly married couple is present in person they have been identified by Mr. Ram Rakh Sharma, Advocate.

¶21

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

¶22

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.

¶23

Consequently, present petition stands disposed of by issuing a direction to the SHO, PS Aandhi, Jaipur (Rural) 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

¶24

(3 of 3)

¶25

[CRLW-176/2017]

¶26

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.

¶27

(BANWARI LAL SHARMA)J.

¶28

S. Kumawat/112

Shobha Upadhyaya and Anr. v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Shobha Upadhyaya and Anr. v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jaikam Vs State of Rajasthan through P P

Rajendra Singh Vs the Union Bank of India and or

Kamal Rathore Vs State of Rajasthan through Pp

Harish Kumar Vs State of Rajasthan and Anr.

Pyare Lal Vs State of Rajasthan through Pp

Jaidev Singh Vs State of Raj and Ors.