LAWS(RAJ)-2013-5-283

NIYAZ PARVEEN Vs. STATE OF RAJASTHAN

Decided On May 07, 2013
Niyaz Parveen (Smt.) Appellant
V/S
State Of Rajasthan And Anr. Respondents

JUDGEMENT

(1.) THE petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking direction against the respondent -State authorities to provide them protection against the harassment and possible violent activities by the respondents No. 5 & 6. As per the averments made in the writ petition, both the petitioners are major and are married since 19.04.2013. After marriage, both the petitioners are living happily. The petitioners have further averred in the writ petition that after solemnization of 'Nikah' as per the Mohammedan law, both the spouses made sincere efforts to persuade their parents to accept their liaison as husband and wife but the respondents No. 5 & 6 are not inclined to recognize their valid 'Nikah'. The petitioners have also stated in the writ petition that they are apprehending harassment and some violent activities at the behest of respondent No. 5 & 6. Feeling discomfort with the discontentment of respondents No. 5 & 6, both the petitioners lodged a complaint (Annexure/3) before Superintendent of Police, District Bikaner and prayed for providing them police protection. There is strong presumption that the complaint lodged by the petitioners shall be objectively examined by the Police Authorities to extend protection to both the petitioners.

(2.) LEARNED counsel for the petitioners has invited my attention to a verdict of the Apex Court in case of Lata Singh vs. State of U.P. & Anr. reported in : 2006 Cr. L.J., 3312 wherein while dealing with the case of harassment by the parents of boy and girl who had entered into inter -caste marriage, the Apex Court has issued directions, to the administration of the Police Authorities throughout the country in the following terms: