LAWS(RAJ)-2021-5-5

MEENAKSHI TIWARI Vs. STATE OF RAJASTHAN

Decided On May 04, 2021
Meenakshi Tiwari Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This petition has been filed under Section 482 of CrPC for protection of life and personal liberty of the petitioners.

(2.) Learned counsel for the petitioners submits that both the petitioners, being major, have solemnized marriage with each other on 05.01.2021 at Arya Samaj Mandir, Dadri Gautam Budh Nagar, U.P. which has been registered on 06.01.2021 with the Marriage Registration Officer, SRO-Vth Ghaziabad (U.P.); but, the private respondent is not happy with their marriage and he is threatening the petitioners. Given that their life and liberty is in danger, police protection may be granted to them.

(3.) It is well settled legal position as expounded by the Hon'ble Supreme Court of India in Lata Singh v. State of UP [AIR 2006 SC 2522], S. Khushboo v. Kanniammal [(2010) 5 SCC 600], Indra Sarma v. VKV Sarma [(2013) 15 SCC 755] and Shafin Jahan v. Asokan KM and Ors. [(2018) 16 SCC 368] that the society cannot determine how individuals live their lives, especially when they are major, irrespective of the fact that the relation between two major individuals may be termed as unsocial. Thus, life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.