Shashi Kant Sharma v. State Govt Of NCT Of Delhi & ORS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1192/2017 SHASHI KANT SHARMA ..... Petitioner Through:

Mr. Hari Shanker and Mr. Deepak Bansal, Adv.

versus STATE GOVT OF NCT OF DELHI & ORS ..... Respondent Through:

Mr. Rahul Mehra, Standing Counsel with Mr. Tushar Sannu with Insp. CR Meena, SI Neeraj Kumar and Const.

Neetu, PS New Ashok Nagar

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 25.04.2017 Issue notice. Mr. Mehra accepts notice on behalf of the State. The status report tendered in court is taken on record. Respondent nos.6 and 7 are the parents of Nisha - the wife of the petitioner are also present along with Nisha. The petitioner who is present in court states that he has got married to Nisha. The marriage has been solemnised with their mutual consent on 21.04.2014. Prior to the said marriage, Nisha, who is a Muslim by religion by birth, has converted to Hinduism. The petitioner has placed on record the

marriage certificate issued by the Arya Samaj Vedic Mandal on 21.04.2014. The certificate of conversion of the same date has also been placed on record.

Nisha, who is present in court, states that she is a major. Her date of birth is 22.08.1987. She states that she would like to live with her husband i.e. the petitioner. She states that her parents have prevented her from joining the company of the petitioner.

The parents of Nisha have been spoken to and have been counselled. It has been made clear to them that since Nisha is a major and she has married according to her own free will and accord, they cannot legally prevent her from joining the company of the petitioner and that she is entitled to take her own decision. They have been warned against stopping Nisha from joining the company of the petitioner and issuing any threats to them or causing any harm to them.

Since Nisha is willing to join the company of the petitioner, the SHO PS New Ashok Nagar, who is present in court, is directed to ensure that Nisha and the petitioner are escorted out of the court to the residence of the petitioner.

Nisha states that she has brought her belongings to the court. In case any of her belongings remain with her parental home, respondent nos.6 and 7 are directed to return the same to Nisha.

The SHO PS Ghazipur, East Disst. is directed to grant protection to the petitioner and Nisha from any threat, force or coercion that may be exercised by respondent nos. 5 to 8. Respondent nos.5 to 8 are directed not to take law into their own hands or from interfering with the lives of the petitioner and Nisha in any manner whatsoever.

The petition stands disposed of in the aforesaid terms. Order dasti under the signatures of the Court Master. VIPIN SANGHI, J DEEPA SHARMA, J APRIL 25, 2017 sr