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Madhya Pradesh High Court · body

2020 DIGILAW 1143 (MP)

Premlata Yadav v. State of M. P.

2020-10-19

G.S.AHLUWALIA

body2020
ORDER 1. The present petition under Article 226 of the Constitution of India, has been jointly filed by the petitioners, who are alleged to be of marriageable age based upon the date of birth, 1995 in case of petitioner No.1 and 27.9.1992 in case of petitioner No. 2 and both the petitioners are major and voluntarily, they have performed marriage on 12.9.2020 at Arya Samaj Sanstha, Khidki Mohalla, Ganj, Gwalior. They are seeking a direction for grant of protection of life, liberty and dignity, which according to them, is under threat. 2. Both the petitioners have claimed themselves to be more than 18 years of age at the time of solemnization of marriage in question. Reliance has been placed on the decision of apex Court in the case of Lata Singh v. State of UP, reported in (2006) 5 SCC 475 . 3. In view of the aforesaid, as it is the case of the petitioners that they are major and they have married each other as per their sweet will and are entitled to live their married life happily, without any interference by family members of any of the petitioners or respondent No.5, this Court is of the considered opinion that in case, if protection is sought by the petitioners against any harassment or intimidation against their life, liberty and dignity arising out of the marriage solemnized by them, the same would be granted to them by the respondents/police authorities, on verifying the factum of marriage and age in accordance with law and in terms of decision of the apex Court in the case of Lata Singh (supra). It is made clear that if any F.I.R. has already been registered prior to passing of this order, then this order shall not have effect on such investigation. 4. With the aforesaid observation, this petition stands disposed of. S.S. Kushwaha for petitioner; Abhishek Mishra, Panel Lawyer for respondents No. 1 to 4/State.