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"If Persons Are Major & Married Voluntarily, Should Not Be Harassed By Anyone Just Because They Have Objection": MP HC Grants Protection To Couple

Nupur Thapliyal
15 July 2021 7:30 AM GMT
If Persons Are Major & Married Voluntarily, Should Not Be Harassed By Anyone Just Because They Have Objection: MP HC Grants Protection To Couple
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The Madhya Pradesh High Court has granted protection to a couple receiving threat from their parents after observing that persons, being major, voluntarily marrying each other should not be harassed by anyone merely because they have objection to such a marriage.A single judge bench comprising of Justice Vivek Rusia observed thus:"If the petitioners are major and entered into...

The Madhya Pradesh High Court has granted protection to a couple receiving threat from their parents after observing that persons,  being major, voluntarily marrying each other should not be harassed by anyone merely because they have objection to such a marriage.

A single judge bench comprising of Justice Vivek Rusia observed thus:

"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."

The Court was dealing with a protection plea filed by a couple who had married each othe being major individuals and were facing threat from their families due to this reason.

Taking note of the fact that the Supreme Court has taken up the issues including Khap Panchayats and Honour Killing very seriously, the Court ordered thus:

"In future, if the petitioners receive any threat or fear to their life from anyone order to avoid any harassment, the petitioners are certainly entitled for police protection."

The Court said that if the couple receives any threat or fear in respect to their life from their parents or anyone, they may approach to the concerned Superintendent of Police along with their documents relating to age proof and marriage and record their statement. 

The Court also directed them to inform the name of the person who is threatening them. 

"If the petitioners cannot approach to the Superintendent of Police due to some reason and in case of emergency then they are permitted to approach the nearest police station to record their statements." The Court said.

Furthermore, it said:

"If the Superintendent of Police/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)."

In view of the above, the peititon was disposed of.

Title: Shaista and another V/s. State of M.P. & others

Click Here To Read Order

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