Allowed

Smt. Divya Lohar v. State of Rajasthan

Rajasthan HC24 Jan 2024CRLW/176/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jodhpur, allowed a writ petition by a couple performing a love marriage against parental wishes. The court directed public authorities to investigate and provide adequate protection to the petitioners from threats by their relatives.

What did the court decide?

Directing respondent authorities to inquire and provide adequate protection to petitioners; ensuring no harm is caused.

Smt. Divya Lohar Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JD:3827]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Writ Petition No. 176/2024

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Smt. Divya Lohar W/o Shri Apranshu Parihar, Aged About 21 Years, D/o Shri Udailal, B/c Lohar, R/o Veerdholiya,p.s. Ghasa, District Udaipur (Raj)

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Aprashu Parihar S/o Shri Manish Parihar, Aged About 24 Years, B/c Parihar (Tailor), R/o D-103, Pratapnagar, Jodhpur, District Jodhpur (Raj)

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----Petitioners

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Versus

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State Of Rajasthan, Through Chief Secretary, Ministry Of Home Affairs, Jaipur (Raj)

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Director General Of Police, Govt. Of Rajasthan. Police Head Quarter, Jaipur (Raj)

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The Superintendent Of Police, Udaipur (Raj) 4. The S.h.o., Police Station Ghasa, District Udiapur. 5. Udailal S/o Bhagwan Lal Lohar, B/c Lohar, R/o Veerdholiya,p.s. Ghasa, District Udaipur (Raj)

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----Respondents

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For Petitioner(s) : Mr. Narendra Singh A. Rajpurohit. For Respondent(s) : Mr. Gaurav Singh, P.P.

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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24/01/2024

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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. The petitioners both being major persons claim to have performed a love marriage. They submit that the marriage was performed against the wishes of their parents and thus, they feel threat to their lives at the hands of private respondents, who are

[CRLW-176/2024]

[2024:RJ-JD:3827]

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their relatives. The petitioners allegedly approached the concerned respondent 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 marriage 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 concerned respondent authorities to provide protection to the petitioners deserves to be accepted.

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The concerned respondent authorities shall have the matter enquired into and if so required, appropriate protection shall be provided to the petitioners as and when warranted. The concerned respondent authorities shall ensure that no harm is caused to the petitioners, who have performed a love marriage.

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The criminal writ petition is accordingly disposed of.

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(KULDEEP MATHUR),J

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860-AbhishekK/-

Smt. Divya Lohar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Divya Lohar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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