Riya Dhiwar v. The State NCT Of Delhi And Others
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1488/2024 RIYA DHIWAR ..... Petitioner Through:
Mr. Mayank Tiwari, Mr.
Arjun Kanojia, Mr. Manoj Kumar Sharma & Mr.
Nitin Kumar, Advocates.
Petitioner-in-Person (Through V.C.).
versus THE STATE NCT OF DELHI AND OTHERS .... Respondents Through:
Mr. Anand V. Khatri, ASC-CRL for the State alongwith SI Neeraj Chahal (P.S. Seelampur).
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 10.05.2024 1.
The present petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('CrPC'), seeking directions to Respondent Nos. 1 and 2 to provide protection to the petitioners. 2.
The learned counsel for the petitioners submits that the petitioners are 21 and 24 years of age respectively. 3.
He submits that the parties are in the process of getting married. He submits that the parties have already filed an application for solemnization of their marriage before the Registrar of Marriage, Government of NCT of Delhi under the Special Marriage Act, 1954.
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4.
He submits that the parents of Petitioner No.1 (Respondent Nos. 3 and 4) and her brother (Respondent No.5) are not in support of the petitioners getting married.
5.
He submits that Petitioner No.1 had also addressed a complaint against her parents and brother to the SHO, Police Station Jagat Puri on 6.
He submits that even though the prayer in the present writ petition seeks protection of the married life of the petitioners, the petitioners are essentially seeking protection of their life and liberty.
7.
The learned Additional Standing Counsel ('ASC') for the State, at the outset, submits that in regard to the marriage between the parties under the Special Marriage Act, 1954, any person, including the relatives of the parties, may file their objection as provided in the Act itself.
8.
He submits that in so far as any threat to life and liberty is concerned, the number of the Beat Officer would be provided to the petitioners who would be at liberty to contact the Beat Officer or the concerned SHO, in case they feel any threat to their life and liberty.
9.
He submits that as and when any such complaint is received, appropriate action will be taken by the State. He further submits that the complaint already made by Petitioner No.1 will also be dealt with in accordance with law.
10.
He submits that the officials will also be sensitized in this regard.
11.
It is alleged that the parents of petitioner No.1 are visiting the premises of the petitioners. In the opinion of this Court, the same requires no interference as long as they do not threaten the petitioners of their life and liberty.
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12.
Similarly, as stated by the learned ASC for the State, the relatives of Petitioner No.1 or any other person has the right to object to any marriage proposed to be solemnized under the Special Marriage Act, 1954 in terms of Section 7 of the Special Marriage Act, 1954, and the Registrar, in such circumstances, is required to dispose of the objection in accordance with the law. 13.
Considering the aforesaid discussion and the submissions made by the learned ASC for the State, no orders are required to be passed at this stage.
14.
Needless to say, the petitioners are at liberty to approach the Court in case any grievance remains.
15.
The present petition is disposed of in the aforesaid terms. AMIT MAHAJAN, J MAY 10, 2024 'Aman'
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.