NEELAM Vs. SUPERINTENDENT OF PPOLICE, DISTRICT GWALIOR

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India, has been jointly filed by the petitioners, who are alleged to be of marriageable age based upon the date of birth, 18/03/2001 in case of petitioner No.1 and 08/07/1997 in case of petitioner No.2 and both the petitioners are major and voluntarily, they have performed marriage on 22/06/2019 at Arya Vaidik Samaj Sanstha, Khidki Mohalla, Ganj, Gwalior. They are seeking a direction for grant of protection of life, liberty and dignity, which according to them, is under threat.

(2.) Both the petitioners have claimed themselves to be more than 18 years of age at the time of solemnization of marriage in question. Reliance has been placed on the decision of Apex Court in the case of Lata Singh Vs. State of UP, reported in (2006) 5 SCC 475.

(3.) In view of the aforesaid, as it is the case of the petitioners that they are major and they have married each other as per their sweet will and are entitled to live their married life happily, without any interference by family members of any of the petitioners or respondents No.3 and 4, this Court is of the considered opinion that in case, if protection is sought by the petitioners against any harassment or intimidation against their life, liberty and dignity arising out of the marriage solemnized by them, the same would be granted to them by the respondents/police authorities, on verifying the factum of marriage and age in accordance with law and in terms of decision of the Apex Court in the case of Lata Singh(supra).