BIMLA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRIMINAL Misc. No.4691 of 2012 Application is allowed subject to all just exceptions. CRIMINAL miscellaneous application stands disposed of. CRIMINAL Misc. No. M-2170 of 2012

(2.) THE petitioners seek protection to their life and liberty. THEy have filed the instant petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') alleging that they being of marriageable age, got married with each other. THE petitioners claim that their marriage is legal. THE private respondents are not accepting the marriage of the petitioners alleging it to be against the social norms. THE petitioners tried to persuade their parents and relatives but remained unsuccessful in their endeavour. THE private respondents, it is alleged, are hell-bent to separate the petitioners from each other by resorting to illegal means. Thus, it has been pleaded that the petitioners are apprehending imminent danger to their life and liberty from the private respondents. Having been left with no other option, it has become the compulsive necessity for the petitioners to approach this Court. Learned counsel for the petitioners contends that both the petitioners are major in terms of the documents appended as Annexures P-1 and P-2. THEy have married each other of their own free will. Photographs of the marriage are appended as Annexure P-3. Learned counsel for the petitioners further submits that despite the representation dated 20.01.2012 (Annexure P-4), having been duly submitted to respondents No.2 and 3, no action is being taken thereon and the petitioners are apprehending danger to their life and liberty at the hands of private respondents No.4 to 8.

(3.) IT is pertinent to note here that about three decades after A.K.Gopalan's case (supra) the Hon'ble Supreme Court further widened the scope of Article 21, in the case of Maneka Gandhi versus Union of India, (1978) 1 SCC 248 thereby widening the scope of the law laid down in the A.K.Gopalan's case (supra). Thereafter, the Hon'ble Supreme Court, in long series of subsequent decisions, went on to explore the true meaning of the word "Life" in Article 21 and the recent one was rendered by the Constitution Bench in State of West Bengal & others versus Committee for Protection of Democratic Rights & others (2010) 3 SCC 571.