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Approach Police Commissioner If Threatened By Parents Or Anyone In Future: Madhya Pradesh High Court Assuages Married Couple Seeking Protection

Zeeshan Thomas
24 May 2022 6:45 AM GMT
Madhya Pradesh High Court, Indore Bench, Kazi, Quazi, Divorce, khula, Muslim law, Shariat law, Justice Vivek Rusia, Justice Rajendra Kumar Verma, Public Interest Litigation (PIL), All India Muslim Personal Law Board,
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The Madhya Pradesh High Court, Indore Bench recently directed a married couple seeking police protection that they may approach the Police Commissioner, Indore directly if they ever received any threat or had fear for their lives from their parents or anyone in future.

Justice Vivek Rusia further directed that in case the Commissioner finds that there is indeed a threat to the lives of the couple, they shall take action in accordance with the directions of the Apex Court in Shakti Vahini vs. State of M.P.-

if the petitioners receive any threat or about fear to their life from their parents or anyone, in future, they may approach to the Police Commissioner, Indore with their documents relating to age proof and marriage and record their statement and also inform the name of the person who is threatening them. If the petitioners cannot approach to the Police Commissioner, Indore due to some reason and in case of emergency then they are permitted to approach the nearest police station to record their statements. If the Police Commissioner/SHO finds that there is threat to the life of the petitioners then he shall immediately take action in accordance with the direction given by the Apex Court in the case of Shakti Vahini (Supra).

The Petitioners had approached the Court seeking police protection from the family of the Petitioner/wife. They submitted before the Court that they were adults and had married each other voluntarily. However, the parents of the Petitioner/wife being against the marriage, were harassing and threatening the couple and the family of Petitioner/husband.

Considering the submissions of the parties, the Court opined that the couple should not be harassed by anyone just because they had an objection to their marriage-

If the petitioners are major and entered into the marriage voluntarily, then they should not be harassed by any one, just because they have objection with their marriage. In future, if the petitioners receive any threat or fear to their life from anyone, in order to avoid any harassment, the petitioners are certainly entitled for police protection.

Placing reliance on the observations of the Supreme Court in Lata Singh v. State of U.P.&Anr. and in Shakti Vahini case, the Court granted liberty to the couple to approach the Police Commissioner, Indore with the requisite documents and get their statements recorded, in case they were threatened again. In case of an emergency, the Court further noted, the couple could also approach the nearest police station. With the aforesaid directions, the petition was disposed of.

Case Title: SMT. VINITA JAIN VERMA AND ANR. versus THE STATE OF MADHYA PRADESH AND ANR.

Citation: 2022 LiveLaw (MP) 153

Click Here To Read/Download Order


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