LAWS(GJH)-2019-5-171

PATEL SHIVANIBEN MAHESHBHAI Vs. STATE OF GUJARAT

Decided On May 07, 2019
Patel Shivaniben Maheshbhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Notice returnable forthwith. Mr.H.S.Soni, learned Additional Public Prosecutor, waives service of notice for and on behalf of respondent-?State.

(2.) Petitioners are before this Court seeking police protection on the ground that they though belong to the same caste, they have chosen to marry on their own wish and will. The marriage has irked the parents of petitioner No.1-?Shivanben Maheshbhai and, therefore, they are facing threat from family of petitioner No.1. Their complaint to the police also is causing a lot of harassment to the petitioners. They are before this Court seeking following reliefs:-?

(3.) This Court has heard Mr.F.B. Bramhbhatt for the applicant and Mr. Soni, learned Additional Public Prosecutor, who both have urged before this Court that due protection is to be accorded to the young couple. Apt would it to be refer to the decision of the Apex Court in the case of Lata Singh vs. State of U.P. and another , 2007(1) GLH 41 where the onus is on the police to ensure that no threat is given to the couple nor are they subject to any harassment at the hands of any relatives, who are not approving the marriage of their choice. Reference of Ashokkumar Todi vs. Kishwar Jahan and others, 2011 (3) SCC 758 has been given, wherein also the Court has reiterated that no one has any right to interfere in the matrimonial life of those who are major and it is the police authority which needs to accord protection.