← Library
High Court of DelhiW.P.(CRL)/1726/2017

Prem Singh & ANR v. The State ( NCT Of Delhi ) & ORS

2017-05-31Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1726/2017 PREM SINGH & ANR ..... Petitioners Through Mr. Neeraj Singh, Adv. with Mr.Bhavesh Kumar Sharma, Adv.

versus THE STATE ( NCT OF DELHI ) & ORS ..... Respondents Through Ms.Nandita Rao, ASC.

ASI Kishore Kumar PS Sarojini Nagar.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 31.05.2017 The petitioners claim to be majors who have married each other against the wishes of the parents of petitioner no.2. Petitioner no.1 is said to be 25 years of age, whereas petitioner no.2 claims her age to be 19 years. It has been submitted that petitioner no.1 is a driver by profession and out of his own volition and with the consent of petitioner no.2, he married her in UP. It has been submitted that respondent no.5, who is the father of respondent no.2, is very unhappy with the marriage and has been troubling the petitioners through his other relatives who are sending threatening messages on the telephone numbers of the petitioners. Respondent no.5 is present along with his wife in Court. He has brought on record a copy of the certificate issued by Directorate of Education, Government of NCT of Delhi in which the date of birth of petitioner no.2 is recorded as 28.03.2000.

This would mean that the

petitioner no.2 is some months short of the age of majority. On the other hand, the petitioners have brought on record a copy of the Aadhar Card which shows that petitioner no.2 is major. During the course of hearing, learned counsel for the petitioner has also placed a certificate issued by the Central Government Health Scheme wherein the date of birth of petitioner no.2 has been shown as 26.08.1997. Calculating from the aforesaid date of birth, the petitioner no.2 would be a major. The petitioners are present in Court. This Court has interacted with the Petitioners and Respondent No.5.

Petitioner no.2 has categorically stated before this court that she does not wish to go with her parents as she is happily married to petitioner no.1.

Considering the stand of the petitioners especially petitioner no.2 and their apprehension of threat at the hands of the Respondent No. 5, this court deems it necessary that a direction be issued to the concerned police station to provide all protection to the petitioners. The SHO of the police station Kotla Mubarak Pur shall ensure that the petitioners are not troubled under any circumstance. The petitioners shall be provided with the telephone numbers of two police officers of the concerned police station and in case of any difficulty, if any call is made on the aforesaid numbers, it is expected that the police officers concerned shall take prompt action. This is necessary in view of the rigid stand displayed by respondent no.5.

With the aforesaid observations and directions, the writ petition is disposed of.

MAY 31, 2017/ab ASHUTOSH KUMAR, J