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2019 DIGILAW 584 (DEL)

Farhin Banu Ansari v. State Of NCT Of Delhi

2019-02-20

NAJMI WAZIRI

body2019
ORDER : 1. Issue notice. Mr. G.M. Farooqui, the learned Additional Public Prosecutor for the State accepts notice. 2. The petitioners are legal adults and have married each other of their free volition. However, the matrimony does not find favour with the parents of petitioner no. 1, in particular, respondent no. 4-her father. They apprehend great threat to their life, limb and liberty at the hands of their extended family, in particular, from respondent no. 4. Accordingly, the petitioners seek protection of this Court. Petitioner no. 1 has intimated the police in her home State i.e. Gujarat as well as in Delhi, intimating them that she has got married and has chosen her life partner of her free volition and no action should be taken against petitioner no. 2 in this regard on any ones complaint. 3. The learned Additional Public Prosecutor for the State assures the Court that the matter shall be looked into by the SHO of the area concerned and respondent no. 4 will be duly sensitized about the rights of the petitioners and the imperative to maintain peace as well as to the fact that, the right of a citizen to choose a life partner and to live in accordance with law, is immutable constitutional right and the same cannot be curtailed or otherwise encumbered by any individual. The parents or relatives cannot interfere in the exercise of such right. Additionally, the petitioners shall be provided with telephone numbers of three police officers from the jurisdiction of the concerned Police Station, of which one shall be a lady police officer. These numbers shall be kept operational at all times so that any exigency can be intimated on either of the numbers by the petitioners. A lady officer of the area concerned shall visit petitioner no. 1 everyday at her address. Mr. Farooqui submits upon instructions that any message received on the said numbers or on any other telephone number of the police either by way of a telephone call or SMS or Whatsapp message shall be immediately responded to. Additionally, the Beat Constable/Division Staff of the area shall regularly visit the residence of the petitioners and/or interact with them, on a daily basis for a month and report the same in the Roznamcha. Additionally, the Beat Constable/Division Staff of the area shall regularly visit the residence of the petitioners and/or interact with them, on a daily basis for a month and report the same in the Roznamcha. The safety and security of the petitioners shall be assessed by the SHO on a weekly basis with due endorsement of the same in the Roznamcha for a month. The Beat Constable shall record entries in his Beat Book. The petitioners shall furnish their address in Delhi to the SHO concerned. 4. Issue notice to respondent no. 4 through the SHO concerned, returnable on 20.03.2019. 5. The meher amount of Rs. 25,000/- has been paid to petitioner no. 1 by way of an FDR with State Bank of India and Rs. 2,000/- has been deposited into her account opened today with the same bank. 6. The petitioner no. 2 undertakes to pay atleast Rs. 3,000/- per month into the said account which too shall be kept in an FDR and would be available for withdrawal by the petitioner after six months from today. The FDR shall continue for a period of atleast one year. 7. Petitioner no. 2 undertakes to subscribe to a mediclaim policy of Rs. 5 lacs for himself and his wife-petitioner no. 1. The policy shall be kept alive atleast for the duration of the marriage. He further undertakes to create an equal share for the wife-petitioner no. 1, in all assets that he may inherit or acquire in future. 8. A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master.