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High Court of DelhiW.P.(CRL)/2514/2024

Shyambir & ANR. v. State Govt. Of NCT Of Delhi & ORS.

2024-08-20Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2514/2024 and CRL.M.A. 24503/2024 SHYAMBIR & ANR.

.....Petitioners Through: Mr. Kuldeep Singh Rana, Advocate versus STATE GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through: Mr.Sanjay Lao, Standing Counsel with Mr.Abhinav Kumar and Mr.Priyam Agrawal, Advocates with SI Sagar Yadav

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 20.08.2024 1.

By way of the present petition, the petitioners seek following prayer:- "(a) issue a writ in the nature of MANDAMUS and/or any other appropriate writ, order or direction of like nature thereby directing the respondents No. 1 to 3 to provide necessary protection to the life and liberty of the petitioners and to ensure that petitioners would lead their married life at the house of the petitioner No.1 without any fear of their life and liberty, in the interest of justice."

2.

It is the case of the petitioners that petitioner Nos.1 and 2 have solemnized their marriage according to Hindu rites and customs at Arya Samaj Mandir, Khanna Market, Tis Hazari, Delhi on 01.08.2024. It is submitted that the said marriage is not accepted by the family members of petitioner No.2 who have extended numerous threats to the petitioners and tried to forcibly take away the petitioner No.2 from her matrimonial home. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2024 at 11:21:24

Learned counsel for the petitioners further submits that the petitioners are of the age of majority and in this regard reliance is placed on the marriage certificate issued by Arya Samaj Mandir Trust dated 01.08.2024 which mentions the date of birth of the petitioners as 01.01.1996 and 08.04.1996 respectively.

3.

Issue notice.

4.

Learned Standing Counsel for State accepts the notice and submits that the mobile numbers of the beat officer as well as the concerned SHO would be provided to the petitioners. Furthermore, the beat officer would also regularly pay visits to the petitioners as well as sensitise the parents of petitioner No.2, who are statedly living in Saharanpur, U.P. 5.

In view of the above, the petition is disposed of alongwith the pending application.

6.

Needless to state that the State is duty bound to provide the protection to the petitioners from hands of the family of petitioner No.2 who shall not create any hindrance in the married life of the petitioners, who are major and have married according to their own free will and volition. 7.

The Investigating Officer is directed to forward a copy of this order to the family of petitioner No.2 as well.

MANOJ KUMAR OHRI, J AUGUST 20, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2024 at 11:21:24