AFSANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed jointly be Afsana and Fajaru stating that both being major have solemnized Nikah on 5th September, 2012. It is submitted that sister of petitioner no. 1 Afsana was married to Fajaru but she died leaving behind five children and that the petitioner no.1 Afsana out of love and affection of sister's children has married Fajaru.

(2.) COUNSEL for the petitioner submits that the petitioner no.1 Afsana is a major being 20 years of age; that she had the right to marry a person of her own choice and the exercise of said right cannot occasion harassment by the police at the instance of the petitioner no.1's parents. Counsel has submitted that the petitioner no.1 Afsana was being forced by her father Jacum to marry a person not to her liking which proposal she had already rejected. Invoking the oft repeated right to protection of "life and liberty ", irrespective of th factual context and matrix, it has been submitted that by lodging a false FIR bearing no. 199/2012 registered at police station Jurhara, District Bharatpur lodged by Jacum, the father of the petitioner no. 1 Afsana, on 1st September, 2012, an attempt is being made to break the marriage duly solemnized between petitioner no.1 Afsana and petitioner no.2 Fajaru. It has thus, been prayed that directions be issued by this Court to the Superintendent of Police, Bharatpur as also to Station House Officer, Jurhara, Bharatpur not to harass or otherwise interfere in the married life of the petitioners on the basis of the said false FIR lodged against them.