Allowed

Allarakh v. State of Rajasthan

Rajasthan HC9 Oct 2023CRLW/1074/2023

Case brief

AI extract

What is this about?

The High Court directed the Superintendent of Police to provide protection to two petitioners, a married couple, who sought safety from relatives opposing their contracted Nikah. The court relied on Lata Singh to grant protection and instructed police to ensure no harm occurs.

What did the court decide?

Directed the Superintendent of Police to enquire and provide adequate protection to petitioners who performed a contracted Nikah against parental wishes.

Allarakh Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023:RJ-JD:34018]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Writ Petition No. 1074/2023

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Allarakh S/o Allawar, Aged About 30 Years, B/c Musalman,r/o Ward No. 08,sardargarh,tehsil Suratgarh Dist.sri Ganganagar.

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Bahasta D/o Rahmat Ali, Aged About 28 Years, W/o Allarakh, R/o Ward No. 08, Anupgarh Dist Sri Ganganagar, At Present R/o Ward No.8 Sardargarh Tehsil Suratgarh Dist. Sri Ganganagar.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Superintendent, Of Police, Dist. Sri Ganganagar.

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Sho, Police Station Jetser Tehsil Suratgarh Dist. Sriganganagar.

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Yusuf S/o Bhadar Khan, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.

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Ahemadyar S/o Kande Khan, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.

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Ramzan S/o Ahemadyar, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.

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Binda S/o Ahemadyar, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.

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Zikra S/o Niyaz Khan, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.

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Sabaan S/o Niyaz Khan, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.

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Kareem S/o Khuda Bux, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.

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Barkat Ali S/o Kareem Khan, Aged About 52 Years, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.

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Lakha W/o Kareem, Aged About 48 Years, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.

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Karma W/o Sheyokat Ali, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.

----Respondents

(2 of 3)

[2023:RJ-JD:34018]

[CRLW-1074/2023]

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For Petitioner(s)	: Mr.	PankajKumar Gupta
For Respondent(s)	: Mr.	Laxman Solanki,PP

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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09/10/2023

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The criminal writ petition has been preferred by the petitioners under Article 226 of the Constitution of India seeking direction for being provided with adequate security and protection.

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The petitioners both being major persons claim to have performed a contracted Nikah. They submit that the contracted Nikah was performed against the wishes of their parents and thus, they feel threat to their lives at the hands of private respondents, who are their relatives. The petitioners allegedly approached the respondent Police Authorities with a prayer to be provided with adequate protection but no heed has been paid to their request so far.

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The documents pertaining to the age of the petitioners and the contracted Nikah performed between them have been filed on record. Thus, taking cue from the judgment rendered by the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. Reported in AIR 2006 SC 2522, the prayer made by the petitioners for directing the Superintendent of Police, Sriganganagar to provide protection to the petitioners deserves to be accepted.

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The Superintendent of Police, Sriganganagar shall have the matter enquired into and if so required, appropriate protection shall be provided to the petitioners as and when warranted. The Superintendent of Police, Sriganganagar shall ensure that no harm

[2023:RJ-JD:34018]

[CRLW-1074/2023]

(3 of 3)

is caused to the petitioners, who have performed a contracted Nikah.

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The criminal writ petition is accordingly disposed of.

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A copy of this order be sent to the respondents forthwith.

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(KULDEEP MATHUR).J

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834-KshamaD/-

Allarakh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Allarakh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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