ABHISHEK SINGH SIKARWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Head through Video Conferencing.

(2.) The present petition is being filed under Article 226 of the Constitution for the following reliefs:-

(3.) It is alleged that the petitioners are not aggrieved by any particular order passed by the respondents but the present petition is being filed by the petitioners for providing necessary police protection against the family members of the petitioners, particularly the family members of the petitioner no. 2- Raj Kumar Kirar and other social anti elements who have no right to interfere in the wedded life of the petitioners. The petitioners are major and as per their sweet will they have solemnized the marriage on 05.04.2021 as per Hindu Customs in Arya Samaj Mandir, Loha Mandi, Kila Gate, Gwalior (M.P.). and after performing the marriage, the petitioners are presently residing at GH-1728, Deen Dayal Nagar, Gwalior. Both the petitioners are peace-loving citizen of India. Being citizen of India, they are entitled to enjoy the fundamental rights enshrined in the Chapter-III of the Constitution of India. The petitioner no. 1 Abhishek Singh Sikarwar, who is doing private job for his livelihood, is also having the age of majority i.e. 25 years, as such he has attained majority age and is competent to take decision with regard to his remaining life. The date of birth of the petitioner no. 1 is 05.04.1996 as per Annexures P/1 and P/2 i.e. High School Certificate (10+2) and the Aadhaar Card. The petitioner no. 2, who is house-wife, is also having the age of majority i.e. 26 years. She is also competent to take the decision of her remaining life. The date of birth of the petitioner no. 2 is 10.07.1994 as per Annexures P/3 and P/4 i.e. Aadhaar Card and the High School Certificate (10+2). The petitioners have solemnized marriage on 05.04.2021 as per their sweet will and are residing peacefully but the family members are unhappy and may take coercive action. They are threatening the petitioners and trying to involve the petitioners in false criminal case by abusing the process of law. Though they have no lawful right to interfere in the wedded life of the petitioner. In the aforesaid circumstances the petitioners have submitted a representation on 09.04.2021 (Annexure P/6) to the police authorities for providing necessary police protection. It is further submitted that the law is well settled in this behalf and the living relations have been recognized by the Hon'ble Apex Court and the right to life and personal liberty of the citizens is to be protected. The reliance is placed in the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 wherein the Hon'ble Court has issued interim directions to the police authorities for providing necessary police protection.