RAJU KUMAR PRAJAPATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on admission.

(2.) PETITIONERS have filed this petition under Article 226 of the Constitution on the ground that they have solemnized marriage on their own volition at Gwalior. Their family members are not happy with the marriage and therefore, there is a threat to the petitioners from the family members. It is alleged that there is threat from respondent No. 5.

(3.) AS per address of petitioners and respondent No. 5, it is clear that they are residing at Jhansi within the territory of State of Uttar Pradesh. They only solemnized marriage at Gwalior. After marriage, as per address given they are residing in the State of U.P. Thus, threat, if any, is in the State of U.P. Cause of action based on threat, if any, is not based on any incident occurred within the territory of this Bench. Even otherwise, if main cause of action is within the territory of another Bench/Court, this Court may decline interference in view of judgment of Supreme Court in the case of (Kusum Ingots & Alloys Ltd. Vs. Union of India and Another) reported in : (2004) 6 SCC 254, in which it is opined as under: -