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High Court of DelhiW.P.(C)/15430/2024

Mrs Kashish Kanwar And ANR v. Govt NCT Of Delhi And ORS

2024-11-06Hon'Ble Mr. Justice Sanjeev Narula3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 15430/2024, CM APPL. 64742/2024 MRS KASHISH KANWAR AND ANR .....Petitioners Through:

Mr. Ashish Kumar and Ms. Sandhi Bela Gupta, Advocates for P-1, 2.

versus GOVT NCT OF DELHI AND ORS .....Respondents Through:

Ms. Mehak Nakra, ASC (Civil) GNCTD with Ms. Gunjan Suyal and Mr. Adiya Goyal, Advocates for R-1.

Mr. Amit Gupta, SPC for R-2 with Mr. A.K. Saini, SI.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 06.11.2024 1.

Petitioners No. 1 and 2 assert that they got married on 1st October, 2024 at Arya Samaj Mandir, Tis Hazari Courts, Delhi without any compulsion, undue influence or pressure. In support of their marriage, they place reliance on the marriage certificate issued by Arya Samaj Mandir. The reason for filing the present petition as spelt out in the petition is as follows: "5. Since the date of marriage the petitioners were given regular threats by the father of the petitioner no. 1 and therefore the petitioners are living in great fear of their well-being. The petitioners after their solemnization of marriage had given an intimation letter dated 01.10.2024 along with the supporting documents/relevant documents of their marriage proof to the SHO Police Station Geeta Colony, Delhi and on 14.10.2024 before the Deputy Commissioner of Police, Parsh Bazaar Delhi.

6. That the petitioners in their intimation letter dated 01.10.2024 given to SHO Police Station Geeta Colony, Delhi has specifically mentioned that they were married to each other without pressure or threat or coercion by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

any party and requested not to interference in their private life but they were living in great fear of their life as regular threats were given to them by the family and relatives of petitioner no. 1 and pressure were created upon the petitioners to break the relation.

7. That the petitioners are afraid of that any untoward incident may be committed by respondents at any point of time due to the reason that the relative/parents of petitioners are not happy and they are too much annoyed from the said marriage and as such requested that the respondent no. 1 and 2 may be directed to provide full safety and protection to the petitioners and so that they may reside and live their married life peacefully.

8. That the petitioners are major and they have married themselves with their own free will and they are at liberty to move anywhere and to live together as husband and wife without any disturbance, threat, pressure and undue influence played by the parents.

9. That the petitioner no.2 is able bodied to maintain his wife drawing handsome income and is not dependant upon others and is self dependant." 2.

On a query of the Court, counsel for the Petitioners is unable to point out any specific incident of threat extended by Respondent No. 3, father of Petitioner No. 1. Further, counsel for the Petitioners alleges that Petitioners have been receiving calls from the Police Station, Geeta Colony; however, there is no such averment to that effect in the petition. Petitioners have also not enclosed copy of any complaint made to the police regarding the allegations which are being urged before the Court. Additionally, it is also urged that Respondent No. 3 has been calling Petitioner No. 1. In such circumstances, the Court cannot restrain a father to call her own daughter. 3.

In light of the above, the petition is completely bereft of any cause for this Court to exercise its jurisdiction under Article 226 of the Constitution of India, 1950. However, in case, the Petitioners were to receive any threat, they are free to make a complaint before the concerned police station, which shall then be acted upon, in accordance with law. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

With the above directions, the present petition, along with pending application, is disposed of.

SANJEEV NARULA, J NOVEMBER 6, 2024 nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.