Palak Bansal & ANR v. Govt Of NCT Of Delhi & ORS

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 400/2016 and Crl. MA No. 2152/2015 (Exemption) PALAK BANSAL & ANR.

.... Petitioners Through Mr. Mohit Jain and Mr. Nitin Arora, Advocates along with petitioners versus STATE & ORS ... Respondents Through Mr. Sanjay Lao with Mr. Rajesh Mahajan, ASC (Crl.) with Mr. Siddharth Sindhu and Ms. Parul Jamwal, Advocates

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 05.02.2016 The present is a petition under Article 226 of the Constitution of India praying as follows:- " Issue an appropriate direction as provided under the provision of mandamus or any other order thereby directing the respondent no. 1 to 4 to protect the marital life of the petitioners and also direct the respondent nos. 5 to 8 not to harass and interfere in the marital life of the petitioners and family members of the petitioner no. 2 by giving appropriate order in favour of the petitioners and against the respondent nos. 5 to 8, in the interest of justice.

Any other or further relief which this Hon'ble Court may deem fit and proper may kindly be passed in favour of petitioners and against the respondents."

Palak Bansal and Himanshu Kondal, petitioner nos. 1 and 2 herein respectively, are both adults and have married each other of their own free will and desire.

The marriage between the parties has been registered before the

Registrar, Hindu Marriages, Sub-District Ghaziabad, Ghaziabad, U.P. as is evidenced from a marriage certificate dated 19th October, 2015, annexed as Annexure P-4 to the present petition.

The marriage certificate dated 16th October, 2015 issued by the Arya Samaj Mandir (Regd.), Gautam Budh Nagar, U.P. as well as the photographs of the newly-wed couple have also been annexed to the present petition. It is averred by the petitioners herein that the family of petitioner no.1, who are arrayed as respondent nos. 5 to 8 in the present petition are averse to the said marriage and have been extending threats to the newly-wed couple. It is further averred that respondent nos. 5 to 8 have instituted false and frivolous complaints against the petitioners before the concerned Police Stations. It is lastly averred that the police officers from the said Police Stations have been harassing the petitioners herein.

Issue notice.

Mr Sanjay Lao and Mr. Rajesh Mahajan, learned Addl. Standing Counsel (Crl.), accept notice and state that in view of the afore-stated circumstances, they shall provide adequate police protection to the petitioners. The beat constable of the concerned area shall also be sensitized in this behalf. The telephone number of the SHO of the concerned Police Stations as well as the beat constable shall also be provided to the petitioners in order to enable them to contact the former in the event of any threat or apprehension. Ordered accordingly.

In view of the submission made on behalf of the official respondents to which they remain bound, it is not considered proper and necessary to issue notice to respondent nos. 5 to 8, particularly, since no relief is being granted to them.

With the above directions, the writ petition is allowed and disposed of accordingly. The application also stands disposed of. A copy of this order be given dasti under signatures of Court Master.

SIDDHARTH MRIDUL, J FEBRUARY 05, 2016 sd