Justin Prabakaran (Pallar) v. Superintendent of Police
2011-06-17
P.JYOTHIMANI
body2011
DigiLaw.ai
JUDGMENT :- 1. Heard, Mr. P. Vijendran, learned counsel for the petitioner and also Mr. V. Jayaprakash Narayanan, learned Additional Government Pleader, who has taken notice on behalf of the respondents. Heard both. By consent, the writ petition itself is taken up for final disposal. 2. The first petitioner, who belongs to Scheduled Caste community, is stated to have married the second respondent, who belongs to Mutharayar, in accordance with the Special Marriage Act and the marriage has been registered. However, the complaint of the petitioners is that the second petitioner’s father, who is the fourth respondent herein and their family members are not allowing the petitioners to live together, since, they are opposing the inter-caste marriage, especially, when the first petitioner belongs to Scheduled Caste community. Therefore, the petitioner has given a complaint to respondents 1 to 3 on 15.04.2011, to give adequate police protection. The petitioners relied on a judgment of the Hon’ble Apex Court reported in 2006 (5) SCC 475 , Lata Singh vs. State of Uttar Pradesh, wherein, under such circumstances, it has issued the following direction:- “17. ….. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.” 3. Inasmuch as the marriage of the petitioners is valid in law, it is their right to live together and that cannot be obstructed by anybody. In such view of the matter, the complaint given by the petitioners dated 15.04.2011 is directed to be registered by the third respondent-Inspector of Police and also give adequate police protection as and when the same is required for the petitioners to live together. This writ petition is disposed of accordingly. Consequently, connected M.P.Nos.1 and 2 are closed. No costs.