High Court of DelhiW.P.(CRL)/730/2019

Khushi Kumari & ORS v. The State ( NCT Of Delhi) & ORS

2019-03-12Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 730/2019 KHUSHI KUMARI & ORS.

..... Petitioners Through:

Mr. Vikas Bhadauria and Mr. Ravinder Samual Singh, Advocates with petitioners in person.

versus THE STATE ( NCT OF DELHI) & ORS.

..... Respondents Through:

Ms. Nandita Rao, ASC with SI Satish Bhati, PS-Sarita Vihar.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 12.03.2019 Crl. M. A. No. 5305/2019 (Exemption) Exemption allowed, subject to just exceptions. Application stands disposed of.

W. P. (Crl.) 730/2019 The present petition under Article 226 of Constitution of India read with Section 482 Cr.P.C has been filed by the petitioners seeking writ/direction to the respondents No.1 to 3 to protect their life and ensure their safety from the respondent No.4.

Notice. Ms. Rao, learned Additional Standing Counsel accepts notice.

Learned counsel for the petitioner submits that both the petitioners have attained the age of majority and their marriage was solemnized on 05.07.2018 according to Hindu rites and they are residing together. A copy

of their marriage certificate issued by Arya Samaj Vivah Mandal (Reg.) at Yudhister Gali, Delhi has been annexed along with the petition. Learned counsel further submits that since the couple married against the wishes of respondent No. 4, father of petitioner No. 1, he is creating disturbance and hindrance in their peaceful married life. In these circumstances, petitioners pray that they would be provided protection immediately from the respondent No. 4.

Heard.

Since the petitioners are major and married and they are independent and living out of their own will and coercion. The respondent No.4 or any other person is not entitled to coerce them for any reason whatsoever. Accordingly, the respondents No.1 to 3 are directed to make assessment of any threat perceived by the petitioners No.1 and 2 from the respondent No.4 and provide protection to them after making the said assessment. The mobile phone number of the Beat Constable and the SHO concerned be provided to the petitioners, and in case they receive any call from the petitioners, the same shall be attended to and taken seriously. Copy of this order be given dasti under the signature of Court Master. Petition stands disposed of.

Crl. M. A. 5304/2019 In view of the order passed in the writ petition, the present application is rendered infructuous.

SANGITA DHINGRA SEHGAL, J MARCH 12, 2019 gr