High Court of DelhiW.P.(CRL)/763/2019

Bindu Kumari & ANR v. State ( Govt Of NCT Of Delhi) & ORS

2019-03-14Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 763/2019 BINDU KUMARI & ANR.

..... Petitioners Through:

Mr. Dhan Mohan, Ms. Tanu B Mishra, Mr.Ravi Mishra and Ms. Harkamaljeet Kaur, Advocates with petitioners in person.

versus STATE ( GOVT OF NCT OF DELHI) & ORS.

..... Respondents Through:

Mr. Rahul Mehra, Senior Standing Counsel (Crl.) with Mr. Chaitanya Gosain and Mr.Amanpreet Singh, Advocates and ASI Phool Kumar, PS-Narela Industrial Area.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 14.03.2019 Crl. M. A. No. 5579/2019 (Exemption) Exemption allowed, subject to just exceptions. Application stands disposed of.

W. P. (Crl.) 763/2019 The present petition under Article 226 and 227 of Constitution of India has been filed by the petitioners seeking writ/direction to the respondents No.1 to 2 to protect their life and ensure their safety from the respondents No. 3 to 6.

Notice. Mr. Mehra, learned Senior Standing Counsel for the State accepts notice.

W.P.(CRL) 763/2019

Learned counsel for the petitioners submits that both the petitioners have attained the age of majority and their marriage was solemnized on 08.03.2019 according to Hindu rites and they are residing together. A copy of their marriage certificate issued by Arya Samaj Vivah Sanskar (Trust), Shakarpur, Delhi has been annexed along with the petition. Learned counsel further submits that since the couple married against the wishes of respondents No. 3 to 6, the petitioners are getting regular threats from the respondents No. 3 to 6 creating disturbance and hindrance in their peaceful married life. In these circumstances, petitioners pray that they be provided protection immediately from the respondents No. 3 to 6. Heard.

Since the petitioners are major and married and they are independent and living out of their own will and without coercion. The respondents No. 3 to 6 or any other person are not entitled to coerce them for any reason whatsoever.

Accordingly, the respondents No.1 and 2 are directed to make assessment of any threat perceived by the petitioners from the respondents No. 3 to 6 and provide protection to them after making the said assessment. The mobile 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.

SANGITA DHINGRA SEHGAL, J MARCH 14, 2019 / gr W.P.(CRL) 763/2019