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2005 DIGILAW 1158 (RAJ)

Virendra Singh Meena v. State of Rajasthan

2005-04-19

HARBANS LAL, V.K.BALI

body2005
Judgment 1. Pursuant to our orders dated 13.04.2005 and 15.04.2005, Smt. Renu D/o Shri Dharam Singh Meena is present in the Court. Her statement has already been recorded which may be read as part of the present order. 2. Shri Virendra Singh Meena has filed this petition under Article 226 of the Constitution of India alleging illegal detention of his wife Smt. Renu. It has been pleaded that the petitioner was married to Smt. Renu D/o Shri Dharam Singh Meena as per Hindu ritual and rites at Arya Samaj, Adarsh Nagar, Jaipur on 210.2004 after submitting requisite application. Certificate of marriage has been produced on record as Annexure-1. It is the case of the petitioner that Smt. Renu married the petitioner with her free consent without any coercion what-so-ever. She is a major, her date of birth being 18.1982 as proved from Annexure-2, the Board Certificate . It is further the case of the petitioner that father of Smt. Renu got annoyed as he was not happy with this marriage and took her to his place of posting i.e. Swai Madhopur on 112.2004. There is a reference of some FIRs regarding abduction of Smt. Renu which are stated to be totally false. There is, however, no need to make a detailed mention of various FIRs referred-to in the petition. It is, however, the case of the petitioner that on 11.04.2005 when he and his wife came to Jaipur for getting the statements recorded, they could not reach the Court as Smt. Renu fell ill on the way. She stayed overnight at Shivpuri Colony, opposite Sanganer Airport and at about 10.30 p.m. on 11.04.2005 when the petitioner, his wife and brother Baney Singh and one of his friends were taking their meals police personnels from Sanganer Police Station without any legal authority abruptly entered in the premises and started misbehaving him and his wife. They then directed them to accompany the police party to the Police Station Sanganer. They forcibly dragged Smt. Renu in a parked Indica car and made her sit in the car against her wishes and took the petitioner with his brother and friend to the police station and kept on threatening them till the time petitioner showed the documents regarding the stay of their arrest as well as the interim directions protecting his arrest. They forcibly dragged Smt. Renu in a parked Indica car and made her sit in the car against her wishes and took the petitioner with his brother and friend to the police station and kept on threatening them till the time petitioner showed the documents regarding the stay of their arrest as well as the interim directions protecting his arrest. It is the case of the petitioner that in spite of the order of this Court and the Hon’ble Delhi High Court, the police personnel of Sanganer made them sit up till 3.30 A.M., by which, it stands established that she had been abducted and that too with the connivance of the police. 3. We have already mentioned that the statement of Smt. Renu had been recorded which we order shall be read as part of this order. From the statement made by Smt. Renu, it is quite apparent that she has married the petitioner of her own free will and without any pressure or coercion from any quarters what-so-ever. She is major and has a right to marry according to her choice. She was happily living with her husband till the time the interference was caused in her married life. She wants to live with her husband and does not want any interference in her married life from any side including her parents. 4. In view of the statement made by Smt. Renu, we order that she will be free to go with her husband right from the Court premises. In totality of the facts and circumstances of the present case, we further order that the Superintendent of Police, Jaipur (South) would ensure by deputing a responsible police officer that the petitioner with his wife Smt. Renu are escorted and safely left at their place of residence at Delhi. We further direct that the Superintendent of Police, Jaipur (South) would ensure either through local police or the police at Delhi that the petitioner and his wife are safe and not pressurised by any one. For that purpose, the S.P. would make inquiries from the petitioner and his wife either from a responsible Police Officer of Jaipur or of Delhi and in case, some complaint in writing is made which may show unnecessary and illegal interference in the married life of the petitioner and his wife, action as warranted by law shall be immediately taken. For that purpose, the S.P. would make inquiries from the petitioner and his wife either from a responsible Police Officer of Jaipur or of Delhi and in case, some complaint in writing is made which may show unnecessary and illegal interference in the married life of the petitioner and his wife, action as warranted by law shall be immediately taken. It shall also be open for the petitioner and his wife Renu to make any misc. application in case the petitioner and his wife may find some illegal and unnecessary interference in their married life. We would like to keep the petition pending for some time to find out that there is no interference in the married life of the petitioner and his wife Smt. Renu. 5. From the statement made by Smt. Renu, it is quite apparent that because of this episode, she could not even submit her application form so as to appear in LL.B. Part II Examination form the University Law College, University of Rajasthan, Jaipur. She had in fact sent the Form for taking examination within the stipulated time, but the person who took the Form was physically prevented. Keeping in view the career of Smt. Renu, we request the Vice Chancellor of the University of Rajasthan, Jaipur to entertain the form of Smt. Renu for taking the LL.B. part II Examination of the University named above even though it is late from the scheduled time and even if it is filed up to 21.04.2005 subject to her fulfilling other conditions 6. List the matter for hearing on 05.05.2005 along with S.B. Criminal Misc. Petition No. 282/2005 7. A copy of this order be given to the Counsel representing the parties, the Superintendent of Police, Jaipur (South) as also to the Vice Chancellor of the University of Rajasthan, Jaipur under the signature of the Court Master.