Madhya Pradesh High Court Directs Police Protection For Woman Who Married Outside Her Caste

The High Court of Madhya Pradesh recently directed police protection to a woman who married outside her caste, as she was being threatened by her parents for the same. Justice Vishal Mishra was essentially dealing with a writ petition, wherein the Petitioner was seeking police protection for herself, her husband and her in-laws. She also sought for transit bail for her husband so that he could appear before the court of JMFC, District Surendranagar in Gujarat.The case of the Petitioner was that she being a major, got married to her husband, who did not belong to her caste, on her own free will. The couple got their marriage registered under the Special Marriage Act, 1954. However, since her parents were unhappy with the inter-caste marriage, they registered a false case against her husband at District Surendranagar. The JFMC concerned had even issued a warrant against her husband U/S 97 CRPC. The Petitioner submitted that she was willing to appear before the JFMC concerned to record her statement and demonstrate the fact that her parents had falsely accused her husband. But owing to the threats and terror of her family members, she was unable to do the same. Placing reliance on the decision of the Apex Court in Lata Singh v. State of U.P. & Anr., she asserted that considering the concerns raised by her, she and her husband deserved police protection. The State raised the question of territorial jurisdiction, since the case against the Petitioner's husband was registered in Gujarat, but the same was dismissed by the Court. Examining the factual matrix of the case, the Court held that decision of the Supreme Court in Lata Singh case was squarely applicable in favour of the Petitioner- It is not disputed that the petitioner as well as her husband are major and have solemnized their marriage, which has been registered on 10.09.2021. She has also submitted that she is ready to bear the expenses of police protection. The registration of criminal case and issuance of warrant by the learned Judicial Magistrate First Class, Surendranagar (Gujarat) has also been reflected. In such circumstances, considering the judgment passed by the Hon'ble Supreme Court in the case of Lata Singh (supra), this Court deems it appropriate to dispose of this petition directing the respondent no.3 to look into the matter and take appropriate steps for providing protection to the petitioner to appear before the Court of learned Judicial Magistrate First Class, Surendranagar (Gujarat) on 01.04.2022.Case Title : Gadiya Sejal Ben V The State Of Madhya PradeshCitation : 2022 LiveLaw (MP) 80Click Here To Read/Download Order

Madhya Pradesh High Court Directs Police Protection For Woman Who Married Outside Her Caste

Zeeshan Thomas

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