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2015 DIGILAW 807 (HP)

Prabhat Sharma v. State of Himachal Pradesh

2015-07-02

TARLOK SINGH CHAUHAN

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JUDGMENT Tarlok Singh Chauhan, J. This joint petition has been filed on behalf of the petitioners, who claim to be the husband and wife, for directing respondents No.2 and 3, i.e. the Superintendent of Police, Mandi, and the Station House Officer, Police Station, Sundernagar, District Mandi to protect the life and liberty of the petitioners and further directing them not to harass the family of petitioner No.1 at the behest of respondents No. 4 and 5. 2. The petitioner No.1, who claims to be a major and aged about 26 years, whose date of birth is 7.7.1989, whereas the petitioner No.2 is stated to be aged about 20 years and her date of birth alleged to be 31.3.1994. Certain documents in support of the age have also been annexed. 3. Both the petitioners belong to ‘Brahmin Community’ and alleged to have solemnized marriage out of free will and consent with each other on 4.2.2014. They later appeared before the Executive Magistrate, Ghumarwin, District Bilaspur, H.P. where the parties filed their affidavits and whereafter the statements were also recorded. It is alleged that when the factum of marriage came to the notice of respondents No. 4 and 5, who are the parents of petitioner No.2, they began harassing the parents of petitioner No.1 in order to compel them to produce petitioner No.2 before the police. It is in this background that the present petition has been filed. 4. I have heard learned counsel for the parties and have gone through the records of the case carefully. 5. Love marriages and thereafter tussles between the families of the couple is an age old issue and one similar issue came up before a Division Bench of this Court in Priyanka and another vs. State of Himachal Pradesh and others, Cr. W.P. No. 8 of 2014, decided on 23.4.2014 and this Court passed the following directions: “3. We are not oblivious to the fact that the cases of such nature relating to ‘run away couples’ are repeatedly coming before this Court and, therefore, it is not only high time but imperative that certain guidelines and directions are issued to deal with such cases. We are not oblivious to the fact that the cases of such nature relating to ‘run away couples’ are repeatedly coming before this Court and, therefore, it is not only high time but imperative that certain guidelines and directions are issued to deal with such cases. Accordingly, we proceed to issue following guidelines and directions:- (i) Whenever any representation is received by the S.P. of concerned District regarding the marriage of a young couple under a threat or an apprehension of infringement of the right of life and liberty at the instance of the family members of one of the spouses or even at the instance of the police, the S.P. concerned will consider the representation and will himself/herself look into the matter and issue necessary directions to maintain a record of the said intimation under Chapter 21 of the Punjab Police Rules. (ii) On receipt of abovesaid intimation of marriage by any police officer, necessary directions will be issued to the concerned Police Station to take necessary steps in accordance with law to enquire into the matter by contacting the parents of both boy and the girl. The matter regarding age, voluntary consent of the girl and grievance of her family will be determined. (iii) In the eventuality of any complaint of kidnapping or abduction having been received from any of the family members of the girl, the boy (husband) will not be arrested unless and until the prejudicial statement is given by the girl(wife). Arrest should generally be deferred or avoided on the immediate receipt of a complaint by the parents or family members of the girl taking into consideration the law laid down by the Hon’ble Supreme Court in Joginder Kumar Versus State of U.P. and others (1994) 4 SCC 260 . (iv) If the girl is major (above 18 years), she cannot forcibly be taken away by police to be handed over to her parents against her consent. Criminal force against the boy cannot be used. (v) In case of threat to the young couple of criminal force and assault at the hands of the private persons, the same will be dealt with in accordance with law. Criminal force against the boy cannot be used. (v) In case of threat to the young couple of criminal force and assault at the hands of the private persons, the same will be dealt with in accordance with law. (vi) In case of any threat to the breach of peace at the hands of the family members of either of the couple it will always be open to the State authorities to take up the security proceedings in accordance with law. (vii) It will not be open to the “run away couple” to take law in their hands pursuant to the indulgence shown by the police on the basis of their representation sent to the SP of the concerned District. (viii) If despite the intimation having been sent to the SP there is an apprehension or threat of violation of right of personal life and liberty or free movement, the remedy of approaching the High Court should be the last resort. (ix) In case there is an authority constituted for issuance of marriage certificate as per the law laid down by the Supreme Court in Seema (Smt) Versus Ashwani Kumar (2006) 2 SCC 578 , (2008) 1 SCC 180 , (2008) 7 SCC 509 case in the concerned districts, the couple of so called ‘run away marriage’ should get the marriage registered in compliance with the directions of the Supreme Court and a copy of the same should also be forwarded to the police alongwith the representations or any time subsequent thereto. (x) In case, it is found that the girl, who has been enticed away, is a minor and is either not willing to go with her parents or her parents have refused to accept and take her home, then she will be taken to the ‘Nari Niketan’ or other Shelter Homes where her protection and safety shall be of paramount consideration and ensured at all costs. In no case would the minor girl be permitted to accompany her alleged husband since the marriage is void, abinitio being in contravention of Section 12 of the Hindu Marriage Act; (xi) Nothing said hereinabove will prevent the immediate arrest of a person who fraudulently entices a girl with false promises and exploits her sexually as per the statement of the girl.” 6. A perusal of the documents annexed with the petition, prima facie goes to show that both the petitioners are major. A major girl is free to marry anyone she likes or live with anyone, she likes and in case she is now married and residing with petitioner No.1, then no offence has been committed by her. The petitioners, have a right to live their lives the way it suits them and no person or authority much less the parents of the parties can interfere with their lives, what to talk of trying carry out threat, intimidation or even terrorise the petitioners. 7. The Hon’ble Supreme Court in Lata Singh vs. State of U.P. and another AIR 2006 SC 2522 while dealing with a case of harassment by the parents of the boy and girl, who had entered into an inter-caste marriage, had issued directions to the administration/ police authorities throughout the country in the following terms: “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 are not harassed by any one nor subjected to threats or acts of violence, and any one 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.” 8. Though, as observed earlier, this is not a case of inter-caste or inter-religious marriage. However, directions issued therein definitely have bearing to the facts of the present case. 9. Accordingly, the present petition is allowed by directing respondents No. 2 and 3 to ensure that the petitioners are not harassed by anyone nor subjected to threats or act of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation will be taken to task by instituting criminal proceedings against him and further stern action shall be taken against such person as provided by law. In the meanwhile, the petitioners in terms of the directions passed in Priyanka’s case (supra), shall approach the Superintendent of Police concerned, who shall proceed with the matter in accordance with the guidelines and directions issued by this Court (supra). The petition is disposed of in the aforesaid terms.