Darami & ANR v. Govt Of NCT Of Delhi & ORS

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 687/2019, CRL.M.A. 4899/2019 DARAMI & ANR ..... Petitioners Through:

Mr. Hilal Haider and Ms. Aishwarya Dobhal, Advocates.

Versus

GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Ms. Amita Sachdeva, Advocate for Ms. Richa Kapoor, ASC for State with Insp. Abhijeet, PS-Shastri Park.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 06.03.2019 The petitioners seek protection of this Court from respondent nos. 3 and 4, who are parents of petitioner no. 1. Petitioner no. 1 states that she was forcibly married to one Sagar on 09.02.2019. She intimated him that she was neither agreeable nor reconciled to the said marriage and with his consent she moved out of his society i.e. her so-called matrimonial home on 13.02.2019. Indeed, the said Sagar had dropped petitioner no. 1 to the Railway Station at Ahmedabad. She took the train to Delhi and met petitioner no. 2, whom she knows for almost a decade. She is presently voluntarily residing with petitioner no. 2 in Delhi and has intimated him about being coerced into the aforesaid marriage, which she was not agreeable and that she has left the society of Sagar.

She seeks protection of this Court in exercise of her right to live peacefully with a person of her choice. The learned counsel for the petitioners submits that an application for annulment of the purported marriage would be initiated shortly.

liberty at the hands of respondent nos. 3 and 4 because they may feel embarrassed or socially humiliated.

Issue notice. Ms. Amita Sachdeva, the learned counsel for the State accepts notice. She states, upon instructions from the police officers of Police Station Shastri Park, New Delhi, that the petitioners shall be promptly interacted with in the Court precincts. Additionally, she submits that the matter shall be looked into by the SHO of the area concerned and the said respondents shall be sensitized to maintain peace. 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 of 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.

She further states 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 shall be immediately responded to. Additionally, the Beat Constable/Division Staff of the area shall regularly visit the residence of the petitioners on a daily basis 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. The Beat Constable shall record entries in his Beat Book. The police shall ensure that the security at residence of the parties in Delhi shall not be disturbed in any way without prior permission of this Court. Since Sagar-the husband from the forcible marriage, has been mentioned in the petition, he would be necessary party.

Accordingly, he is impleaded as respondent no. 5. Let Amended Memo of Parties be filed within a week.

Issue notice to respondent nos. 3 to 5 through ordinary process, Speed Post, approved courier and dasti, through counsel as well, returnable on 07.05.2019. Notice be also served through the Investigating Officer. A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master. NAJMI WAZIRI, J.

MARCH 06, 2019 RW